While most doctors take great care to ensure they are not prescribing the wrong medication to a patient, some fail to do so. If a wrongly prescribed medication injured you, our lawyers can help you get compensation for your damages.
First, we will obtain evidence to determine how the defendant managed to prescribe the wrong medication. Some healthcare providers fail to obtain informed consent and complete patient histories, potentially leading to allergic reactions. Others prescribe the wrong dosage or medication than they intended. Our team will work with qualified experts who can review the evidence and certify how your doctor deviated from the accepted standard of care and caused your damages. If we cannot settle your claim during the mandatory arbitration process for medical malpractice, we can file a lawsuit.
For a free case review with our Maryland medication error lawyers, call Rice Law today at (410) 694-7291.
Can I File a Lawsuit in Maryland if I Am Prescribed the Wrong Medication?
Prescribing the wrong medication is a preventable error that should never occur. When it does, our medication error lawyers can determine how it was caused and who should be held responsible in a lawsuit. The following are the most common ways doctors negligently prescribe the wrong medication:
- Prescribing the wrong dosage
- Prescribing the wrong medication
- Failing to secure a patient’s informed consent or explain the risks and side effects
- Prescribing medication that would worsen another medical condition
- Prescribing the wrong duration or frequency to take the medication
When doctors are usually directly at fault these kinds of mistakes, we might be able to include the hospital, office, or clinic that employs them, since most employers are vicariously liable for their employees’ negligence.
Other times, we need to sue nurses and pharmacists since they also have a duty to check prescriptions that they are administering. If they fail to notice a prescription error that other healthcare professionals would have caught, they can be held liable.
When Must I File a Claim for Receiving the Wrong Prescription in Maryland?
According to Md. Code Cts. & Jud. Proc. Art., § 5-109(a), you must file a medical malpractice claim within five years from the date your doctor prescribed the wrong medication. If you could not discover that the prescription was wrong through ordinary diligence until later, you have three years from the date of discovery to file a claim.
If the wrong prescription injured a child younger than 11, the limitations period will not commence until they reach 11 years old under § 5-109(b).
Victims under 16 years old when they are injured and older than 11 will statute of limitations will pause until they reach 16, as per § 5-109(c)(2).
Unfortunately, some medication errors are fatal. If you lost a loved one because of a negligent prescription, you generally have three years from the date they passed to file a wrongful death claim under § 3-904(g).
The cases tend to be complex, so the sooner you start, the better. If your case’s filing deadline passes, you could miss your opportunity to recover compensation.
Prerequisites to Filing a Medical Malpractice Lawsuit for Negligent Prescriptions in Maryland
Since a physician will most likely be the defendant, we must file a medical malpractice lawsuit. However, a few hurdles must be overcome before your lawsuit can proceed.
Alternative Dispute Resolution
Maryland medical malpractice claims must undergo the Health Care Alternative Dispute Resolution process, which involves mandatory arbitration. During arbitration, a panel of three arbitrators will evaluate your case and decide if malpractice happened and who is responsible.
Although arbitration can assist you in obtaining compensation for the wrong prescription without going to court, it might be less than what you could recover in a lawsuit. Fortunately, the results of the arbitration are non-binding unless both parties’ consent. If you disagree with the arbitration panel, we will move forward with your claim.
Qualified Expert Certificates
To determine if a victim has a valid case, Maryland requires anyone filing a medical malpractice claim to file a “certificate of a qualified expert” within 90 days supporting it, according to § 3–2C–02.
The certificate should outline the reasons the medical expert concludes that malpractice took place. This typically includes information regarding the relevant standard of care, how the defendant’s conduct amounts to medical malpractice, and the expert’s qualifications.
The court will dismiss unsupported claims lacking a qualified expert’s certificate. However, we can assist you in refiling, as the dismissal should be without prejudice. After gathering evidence and witness testimony during discovery, we’ll file an updated expert certificate.
Waiving Arbitration
If you are aware that arbitration will likely not work, you can choose to forgo it and go to the lawsuit instead under § 3-2A-06B(b). However, you can only opt out of arbitration after submitting a certificate from an expert and providing the reasons to waive alternative dispute resolution.
Your waiver must be submitted within 60 days following the filing of all the defendants’ expert certificates.
Limits on the Compensation that Victims Can Recover for Wrong Prescriptions in Maryland
Victims injured by wrong prescriptions typically claim economic and non-economic damages in their lawsuits.
Fortunately, Maryland does not cap the proven financial losses that the doctor’s negligence caused. Medical bills, lost wages, future damages, and other out-of-pocket expenses can all be recovered with the right evidence.
The bad news is that Maryland does cap non-economic damages in medical malpractice cases. These damages cover the emotional and physical pain victims experience. This includes physical pain from adverse reactions and long-term damage, emotional trauma, diminished quality of life, and many other losses.
However, non-economic damages will be limited to $905,000, regardless of the actual level of pain and suffering, according to § 3-2A-09. This limit increases by $15,000 each year on the first January.
Contact Our Medication Error Lawyers in Maryland Today for Help Filing Your Claim
Contact Rice Law today at (410) 694-7291 for a free, confidential case assessment with our medication error attorneys in Maryland.