Over the years, technology has made healthcare services better, right from diagnostics to treatment and care. Still, human errors are a common occurrence and can happen at any stage of patient care. You may be concerned about the errors in diagnosis and surgical procedures, but those related to wrong prescriptions can be equally serious. Incorrect prescription medication or even improper dosage can have side effects, which can even be dangerous for the patient.
How To Deal With Prescription Error Medical Malpractice Cases
It is the responsibility of the professionals to be extra careful while writing the prescription and dispensing the medications as well. And thankfully, the patient who is a victim of a prescription error can rightfully claim compensation. Here is some advice on how you can deal with medical malpractice cases related to prescription errors.
Proving medical malpractice
Like any other malpractice or negligence case, you need to prove the fault of the medical professional in case of an error related to a prescription they have written for you. The fault could be of a doctor or a pharmacist, depending on individual circumstances. The basic things to prove include:
- There was a doctor/pharmacist-patient relationship
- The professional was negligent
- The negligence caused injuries
- Your injuries led to specific damages
The most challenging aspect of the process lies in proving how the professional was negligent in writing or administering the prescription. In some states, the case is reviewed by a medical panel to determine whether the professional was negligent. Also, an expert witness has to testify that they did not follow the appropriate standard of care.
Be aware of the errors by a doctor
A doctor has to consider certain factors while prescribing an initial treatment for your condition. These include your diagnosis, medical history, and current state. They can possibly write an unhelpful or harmful prescription if they do not pay attention to these factors. Doctors can be held liable for errors such as:
- Prescribing a medication regarded as a fatal allergen
- Not warning the patient about the known dangerous side effects of a medication
- Prescribing the right medication but wrong dosage
The results of these errors may be mild for some patients and even fatal for others. The kind of compensation you get depends on the severity of the damage. It makes sense to hire a medical malpractice lawyer to handle your case because of these complexities. Your compensation amount may hinge on tiny details, which only an expert can identify and help you prove.
Be aware of the by a pharmacist
In another situation, a pharmacist and not the doctor may be responsible for a prescription-related error. Although they have to adhere to certain control standards while giving you the medicines, a negligent professional can be found guilty of errors such as dispensing a wrong medication or wrong strength. In some states, they are also responsible for checking the prescription labels for manufacturing errors because they are trained professionals who need to abide by the norms of a highly regulated industry.
It is evident that medical malpractice cases related to prescription errors can be a tad more complicated than the others. So there is a need to have a seasoned lawyer handling your case if you want to secure the compensation value you deserve.
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