Can I Sue my Doctor for Giving me the Wrong Medication?
September 29, 2020
Medication errors are among the most serious types of medical malpractice that can be committed. The reason why this particular form of negligence is so egregious is because so many drugs can be harmful, if not fatal, when mixed together with other medications. Learn more about how to file a claim for medical malpractice below.
Why Might a Doctor Prescribe the Wrong Medicine?
There may be a number of reasons as to why a doctor may prescribe the wrong medication or incorrect dosage. These reasons can include:
- Failing to properly identify the patient
- Confusing the name of a drug for a different one
- Poor communication between the doctors and nursing staff and/or pharmacy staff
- Medications having similar abbreviations
- And more
What Do I Need to Prove in Order to File a Medical Malpractice Claim?
In order to move forward with a valid medical malpractice claim, you must first prove that a doctor-patient relationship existed. Simply put, this means that you have proof that the doctor agreed to treat you and prescribe you medication.
Once you’ve established this relationship, the next step is to prove that the doctor breached the accepted standard of care he or she owed to you. Doctors are not infallible, and because of this, mistakes can happen regardless of how devastating they can be. However, in order to prove that a doctor was negligent, it has to be proven that another doctor with similar training and under similar circumstances wouldn’t have made the same decision your physician did. If this is established, you must then prove that you suffered actual harm.
Harm, in the context of a medication error, could be any physical ailment you suffered as a result of the incorrect dosage or prescription. Such injuries could be a stroke, developed heart disease or cancer or became paralyzed. Harm can also mean a loss of companionship or consortium if your loved one passed away from a medication error. Items such as medical bills, lost income, funeral expenses and copay receipts may also be eligible for reimbursement.
If all of the above elements are present, then you have the basis to move forward with a medical malpractice claim.
Contact A Rochelle Park Medical Malpractice Lawyer To Discuss Your Malpractice Case In New Jersey
Did you or a loved one sustain serious injuries due to medical malpractice in New Jersey? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at the Epstein Law Firm, P.A. represents clients injured because of medical malpractice in Paramus, Paterson, Hackensack, Ridgewood, Mahwah, Montvale, Teaneck, Fort Lee and throughout New Jersey. Call 201-380-7687 or fill out our online contact form to schedule a consultation about your case. We have an office conveniently located at 340 West Passaic Street Rochelle Park, NJ 07662.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.