Medication Error Attorney
Millions of patients throughout the world rely on medication. Prescriptions for heart problems, diabetes, serious illnesses, and other conditions can prolong life and free patients from debilitating symptoms. It is up to physicians and pharmacies to make sure patients receive appropriate prescriptions, the right medication, and accurate dosages. A slip up anywhere along the line can lead to patient harms and wrongful death. As a victim of a medication error, or the family member of a deceased loved one, consider pursuing compensation through a medical malpractice claim. Our NYC attorneys want to help.
Who Is Liable for Your Medication Error?
Despite medication errors occurring in hospitals and pharmacies every year, these cases are difficult to prove. Identifying a medication issue as the cause of someone’s injury or illness is the first step toward compensation. Since symptoms of a medication error, such as nausea or vomiting, can result from numerous causes, it can be hard to identify a medication issue as the proximate cause. After ascertaining that a medication error is the cause of a patient’s harm, the plaintiff must pinpoint which stage in the treatment process the error occurred:
- The doctor diagnoses the condition and prescribes the wrong medication or dosage.
- A hospital employee administers the wrong drug, wrong patient, or incorrect dosage.
- A machine malfunctions and administers the wrong dosage.
- A pharmacy incorrectly fills a prescription order.
- A healthcare professional fails to properly monitor a patient after drug administration.
Any of these mistakes may serve as the basis for a medical malpractice lawsuit if the error ends up causing the patient harm. A harm may be an illness, physical injury, worsened prognosis, medical bills, lost time at work, or wrongful death. The individual healthcare worker, the hospital, the pharmacy, or the drug manufacturer may be liable for these cases. However, the patient (or representative of the deceased patient’s estate) must prove certain elements. A local attorney can make a significant difference in proving cases involving a supposed medication mistake.
Proving a Medication Error
First, the plaintiff will need to prove the healthcare professional in question breached his or her duties of care according to industry standards. To prove this element, the plaintiff will typically need to use an expert witness. The witness will need to have a profession or significant experience in the same or a similar field as the defendant. The expert will need to attest to the fact that another “reasonable and prudent” professional would not have taken the same action (or inaction) in similar circumstances. This is the basis of any negligence claim in New York.
Medical malpractice claims in New York require an attorney to review the case, consult with an appropriate medical professional, and issue a written statement (“certificate of merit”) that states the attorney’s belief in the merit of the claim. Pazer, Epstein, Jaffe & Fein, P.C. can help with this filing requirement in New York City. We’ve helped numerous patients go up against healthcare professionals and institutions for medication errors. Find out if we can help you – contact us today for a free case evaluation.