Ensuring a patient receives the correct medication in a safe dosage is not easy. If errors occur, a patient might suffer severe, adverse reactions. Some medications are very powerful, and errors might not just be dangerous but fatal. A lawyer can help you get compensation if you were hurt because of a medication error.
You might file a medical malpractice claim against a negligent doctor who prescribed a dangerously high dosage. You might instead file a claim against the company that produced the medication if it was contaminated or dangerous. We should gather evidence to support your claims quickly. Medical records, information about the medication, and chemical testing of the medicine might be necessary. We should also evaluate your damages. Monetary costs, emotional damages, and more might be available.
Call our medication error lawyers with Rice Law at (803) 219-4906 and get a free initial review of your legal claims.
How You Can Sue for Medication Errors
The way our medication error attorneys file your case may depend on how the error occurred. When errors occur due to a doctor’s negligence, you may have a medical malpractice claim. If the medication was produced incorrectly or is unsafe for consumption, we might instead file a case against the manufacturer.
Medical Malpractice
Medical malpractice claims are injury cases filed against medical professionals and healthcare institutions. These claims tend to arise when a patient is injured because of medical negligence, but not all mistakes or complications may be considered medical negligence. Your claim might constitute medical malpractice if your doctor provided treatment that fell below the standard of care.
Medication errors may be considered medical negligence under certain circumstances.
For example, perhaps your doctor wrote down the incorrect medication on the prescription. While this is a minor error, it can have disastrous consequences, and the doctor should be held accountable.
Another possibility is that the doctor negligently prescribed medication that the patient is allergic to. If a patient has known allergies to certain medicines, doctors must find effective alternatives. If a doctor fails to check for allergies or ignores them, they may be held responsible for the patient’s injuries.
Product Liability
A product liability case typically involves injuries from defective products or goods. If the company that manufactured your medication did so negligently, the medication might be unsafe for consumption.
Medication production is heavily regulated, and defective medication is somewhat unusual. However, a manufacturing error could lead to medication that is too powerful or too weak, and it might cause unforeseen complications in patients.
We might instead sue the manufacturer if they are unclear about what goes into the medication. Ingredients must be clearly explained so doctors know what they are prescribing to patients. If we discover that the manufacturer included dangerous ingredients, we may have a strong legal claim for damages.
Gathering Evidence of Injuries Caused by Medication Errors
We should begin with evidence of your prescription. Save any paperwork, documentation, emails, or other information about your prescription. We need evidence that a specific medication was prescribed to you, which typically requires documentation. We should also contact your doctor’s office or hospital and request copies of your medical records.
We may need some samples of the medication you took to help us prove your claims. If we believe the medication was contaminated or is not what your doctor claims it is, we can try to have it chemically tested to confirm its identity and ingredients.
We should obtain records from the pharmacy that filled your prescription. Did they receive the correct prescription from the doctor? When was the prescription filled, and by whom? Was there a mistake? Perhaps two people with the same name picked up different prescriptions, resulting in a mix-up. Anything is possible, and we should check the pharmacy’s records for proof.
Records from the pharmaceutical company might also be important. If we believe the medication was dangerous or produced incorrectly, we will need information and records from the manufacturer to prove it.
Available Damages in Greenville Medication Error Civil Cases
A prescription mistake can be very dangerous. You might suffer severe adverse medical reactions leading to painful injuries and high treatment costs. Talk to an attorney to determine what kind of compensation you might be entitled to.
Economic Damages
After being injured because of a medication error, you might incur significant costs. You likely require medical care to treat the injuries caused by the error. In some cases, injuries are so severe that patients never fully recover and rack up years of medical debt.
You might also lose income if you become too ill to continue working. The longer you cannot work, and the more income you miss out on, the greater your damages should be.
Non-Economic Damages
We must also consider how this experience has affected you mentally and emotionally. If you become very sick because of a medication error, you might have to endure significant pain and discomfort. At the same time, your condition might take a steep psychological toll. Many people report a loss of the enjoyment of their lives because of their injuries, and significant compensation may be on the table.
When to Begin Your Case for Injuries From Medication Errors in Greenville
We have a limited time in which to file your case. Medical malpractice claims must be filed within 3 years of when you are injured, according to S.C. Code Ann. § 15-3-545(A). Alternatively, we may file the case within 3 years of when you discover the injuries, although this period may not exceed 6 years from when the medical negligence first occurred.
Personal injury cases must be filed within 3 years of your injuries, according to § 15-3-530(5). It is important to note that some people do not experience injuries from medication right away. Be sure to tell your lawyer when you were prescribed the medication and when you first noticed injuries.
Call Our Greenville Medication Error Lawyers to Start Your Case Now
Call our medication error lawyers with Rice Law at (803) 219-4906 and get a free initial review of your legal claims.