When is a Medication Error Considered Medical Malpractice?
According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error.
According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error. Additionally, hundreds of thousands of patients experience adverse reactions related to medication, but often do not report their experiences. In some cases, patients pursue medical malpractice lawsuits to seek justice and damages for injuries caused by medication errors.
Common Medication Errors
Medication errors can lead to severe injuries or even fatality. Medical professionals can prescribe the wrong medication to a patient or also fail to research the patient’s past prescription drug use. Common examples of medication errors include prescribing the wrong dosage, prescribing the wrong medication, failure to check the patient’s drug allergies, and failure to provide proper instructions.
Proving Duty of Care
Not all medication errors are considered malpractice. Patients must determine that the duty of care was breached when their doctor or medical professional prescribed the medication. In regards to medication errors, “duty of care” means that the medical professional charged with prescribing medication must take reasonable steps to ensure their patient’s well-being.
Breach of Duty & Causation
A breach of duty occurs when a medical professional fails to adhere to the standard of care, and the patient suffers as a result. A breach of duty may occur in a medication error case if the doctor fails to check the patient’s allergies before prescribing a medication, and the patient suffers an adverse reaction. The patient must be able to prove that the medical professional’s negligence was the cause of his or her injury.
Proving Damages
Finally, the patient must be able to prove that the injury related to the medication error caused damages, whether economic or emotional. Common damages include hospital bills, out-of-pocket medical expenses, lost wages, and pain and suffering.
Contact The Law Offices of Cardaro & Peek, LLC Today
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.
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