Detroit Michigan Medication Error Attorney

Medication Error

Medication error cases come in many different forms. They can be any of the following:

1. Administering the wrong medication to a patient
2. Administering the wrong dosage of medication (i.e., too much or too little medication)
3. Administering a medication incorrectly (via IV instead of orally)
4. Mislabeling the medication
5. Prescribing the patient a medication that the patient is allergic to
6. Prescribing the patient a medication that interacts negatively with other medications that the patient is taking, and
7. Failing to warn the patient of the common side effects of the medication.

When a patient suffers an injury as a result of a medication error, they may have the right to file a medical malpractice lawsuit; however, not every complication or medical mistake warrants legal action. Negligence must be directly responsible for the injury for a malpractice claim to be valid.

In a medication error case, the injured party (the plaintiff) will have to prove the following:

Duty of Care: Healthcare providers include doctors, nurses, pharmacists and other medical personnel. They have an obligation to their patients to act in the way the medical profession would require of a qualified doctor in similar circumstances. The duty of care applies to physicians and healthcare providers in all specialties and acts as a contractual relationship between the patient and medical professional. In regard to prescribing medications, it is the healthcare provider’s duty to be aware of the patient’s allergies or other medications they may be taking

Breach of Duty: When a healthcare provider fails to perform up to the required standard of medical care, resulting in further injury or sickness, they can be found liable for breaching their duty. Should a healthcare provider, such as a doctor or pharmacist, fail to inquire about the patient’s medical history, allergies, or other prescriptions, they may be found liable for any harm caused by this oversight.

Causation: The medical professional’s negligence must have been directly responsible for the injury. Prescribing or filling the wrong medication in and of itself does not constitute malpractice.

Damages: The injury must have caused either economic or emotional damage. Economic damages may include medical bills or lost wages. Patients who suffer long-lasting physical injuries may be able to receive non-economic compensation for pain and suffering as well as emotional distress.

Our attorneys have specialized in medical malpractice litigation for over 35 years. Two of the attorneys in the firm have nursing degrees and are well versed in medical knowledge to organize, analyze and attack the medical records. We work closely with nationally recognized medical experts from across the country.