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:
Medication and pharmacy errors are the subject of large numbers of medical malpractice cases filed each year.
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:
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.
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.
Last Modified: 07-07-2017 01:18 PM PDTLaw Library Disclaimer
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