3 Parties That May Be Liable for Medication Errors
July 24th, 2015There are several medical errors that may constitute malpractice, some of which relate to medication. While medication can save your life and treat serious health conditions, an error in the prescription or drug-manufacturing process can cause serious complications or even death.
If you took medication that had unexpected side effects, or if your physician made a prescription error, then you may have grounds for a lawsuit. Depending on the situation, multiple parties could be responsible for your injuries.
A medical malpractice attorney from The Bowling Law Firm can evaluate your case, plan your claim and identify all liable parties. You may be entitled to any expenses that relate to the medical error. These include extra health-care bills, lost wages and other damages.
To schedule a consultation with a New Orleans medical malpractice lawyer, call our office at (504) 586-5200. If the meantime, read on to learn which parties may be liable for a medication error:
1. Doctors, Nurses and Pharmacists
According to Forbes, most patients will file malpractice claims directly against doctors, nurses and other health-care professionals. The same is true for medication issues. This makes sense because a doctor or nurse will usually make the diagnosis and prescribe medication.
The person who prescribed your medication should have been aware of possible side effects and your allergies. If a doctor acts negligently or fails to show reasonable care when prescribing the medication, then there is a possibility that he or she is liable for damages.
It is also possible that pharmacists can be responsible for medication issues. For example, if a pharmacist gives you the incorrect medication, instructs you to take the incorrect dosage, or does not fill the prescription correctly, then he or she may be liable.
2. Drug Manufacturers
In certain situations, the drug manufacturers may be liable for medication errors. This can happen when a doctor prescribes the correct dosage, but the medicine still causes complications or death.
It is important to check with the U.S. Food and Drug Administration for any recalls related to harmful medication. If you can prove that there was a manufacturing defect in the drug, then you may be able to hold the manufacturer liable for damages.
3. Health-Care Facilities
The institutions that employ health-care workers can also be liable for medication-related malpractice claims. Hospitals, clinics and pharmacies have a duty of care to patients, and any errors that employees make may also mean the institution is liable for damages.
Several factors can affect the success of a medical malpractice lawsuit. These cases often hinge on expert testimony. An experienced attorney can plan your claim, gather evidence and consult medical professionals to strengthen your claim.
If you were a victim of medical malpractice, contact The Bowling Law Firm. New Orleans medical malpractice lawyer David A. Bowling can determine if you have valid grounds for a lawsuit. To start planning your case, call our office today at (504) 586-5200.
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