Medication errors occur when a person is prescribed or administered the wrong medication for their condition, even a vaccine like Zostavax. These errors can include:
- Prescribing the wrong type of medicine
- Prescribing the wrong amount of drug
- Errors in the instructions on how the patient is supposed to take the medicine
- Prescribing medicine that is illegal, expired, defective, or subject to recall
- Applying a prescription to the wrong patient
- Various other types of errors
Medication and pharmacy errors are the subject of large numbers of medical malpractice cases filed each year.
Who Can Be Held Liable for a Medication Error?
Medication errors are often based on negligence theories, since they are generally not intentional violations. In order to be held liable, the person must first owe a duty of care to the patient. They must have breached this duty of care, and the breach must be the cause of actual and measurable injuries or losses. Persons who can usually be held liable for medication errors include:
- Persons who work at a care home
- Persons who provide in-home care at the patient’s house
What Are Some Common Medication Error Injuries?
Some common medication error injuries include: vomiting, nausea, swelling, and various other allergic reactions. In other cases, the person may have restricted breathing, irregular heartbeat, or more serious symptoms. Some medication errors can lead to serious injury or even death. Thus, it is important to ensure that you are dealing with the proper medication before taking it or before administering it.
Legal remedies for medication or prescription error injuries can include a damages award to reimburse the person for losses caused by the injuries. Some legal cases may involve wrongful death actions or other types of related legal issues.
Do I Need a Lawyer for Help with a Medication Error Lawsuit?
Medication errors can sometimes involve complex legal concepts and rules. You may need to hire a personal injury lawyer if you have been subject to a medication error and need to file a lawsuit. Your attorney can provide you with advice on how to proceed. Also, your attorney will be able to represent you during court hearings and meetings.