Wrong Medication & Prescription Lawsuits
Talk to a Lawyer about Medication Error Lawsuits
Prescription error lawsuits and wrong medication error lawsuits refer to medical malpractice claims brought against doctors and/or pharmacies when either the medication they prescribe you is either not correct or is not filled correctly. There are generally five ways these types of claims may arise:
- the doctor prescribes the wrong medication for your illness or condition;
- the doctor prescribes the correct medicine in an incorrect strength, dosage, or duration of treatment;
- the pharmacy fills the wrong prescription or gives the prescription to the wrong patient, and;
- the pharmacy fills the prescription with the correct medicine but uses the wrong dose, quantity or drug mixture;
- the pharmacy provide the correct medicine but incorrect instructions on how to use.
Any of these can result in serious harm or death tot he unsuspecting patient. If you suspect that you or a loved one was injured due to a medical prescription error, you may have a malpractice claim against the prescribing doctor or pharmacy and you should consult a medical prescription error attorney to discuss your options. Contact us today to learn more about how a Simmons and Fletcher, P.C. can help you: 800-298-0111.
Pharmacy Prescription Errors
For most people, pharmacies are the last stop on the road to recovery; however, sometimes a pharmacy can be where an injury originates when the pharmacy gives someone the wrong prescription or wrong dose. From prescribing to dispensing medications, doctors and pharmacists are held to the highest standard when it comes to treating injured patients. Thus, pharmacy prescription errors simply should never occur.
A pharmacy prescription error can occur in many ways, but it occurs due to the pharmacist being negligent. From the time the medication is picked out to the time the medication is dispensed, any negligence during this process may be considered pharmaceutical error. So, if the doctor prescribes one medication, but the pharmacist misreads it or mislabels someone else’s prescription as yours, this is a pharmacy prescription error.
Doctor Prescription Errors
Wrong prescription errors by prescribing doctors involve the prescribing doctor making the wrong decision and/or him or his staff making a typographical error. This may come from the prescribing doctor’s failure to fully evaluate their patient’s medical history or simple neglect on the doctor’s part in filling out the prescription and/or attaching it to the file. It may come from a failure to check the allergy history of the patient. It ma also come from the doctor or her staff simply being to busy to put the correct information down and send it to the correct place. Regardless of why, it is a potentially fatal mistake that cannot be made.
Bad Reactions to Medications
A bad reaction to a prescription medication would not necessarily be a pharmaceutical error. This can happen due to allergies or even due to known side effects and risks associated with certain medications. Depending upon your situation, this may or may not be the basis of a medical malpractice claim against the prescribing doctor and/or the basis of a product liability claim against the manufacturer. The complexity associated with this kind of medical malpractice can be made easier by consulting an experienced attorney. You can also consult our pharmaceutical product liability page for a list of known pharmaceuticals for which claims are currently being filed.
A patient who suffers an injury due to a prescription error may have more than one claim. Consulting an experienced medical malpractice lawyer can help you decide what option is most ideal for you.
Types of Pharmaceutical Error
Common pharmacy prescription errors include:
• Providing the wrong medication
• Failure to warn patient of side effect
• Mislabeling medication
• Providing the wrong dosage
These mistakes happen more frequently than they should, so always make sure you understand what medications you’re taking and why you’re taking them. Do not be afraid to ask your doctor or pharmacist any questions that may come up throughout the prescription process.
Injuries Caused by Prescription and Medication Errors
Prescription medications are used by doctors and medical providers to properly treat infected individuals. Ranging from minor illnesses to life-threatening conditions, when a pharmaceutical technician acts negligently with regard to a prescription, a patient’s life may be forever changed. Common injuries caused by pharmaceutical error include:
- Allergic reaction
- Cardiac arrest
- Internal organ damage
Always make sure you understand how the medicines you are prescribed will affect your body. Do not be afraid to as questions and be sure to provide your doctor with a full background of your medical history before being prescribed medication.
Attorneys for Wrong Drug Prescription Errors
If you or someone you love was provided the wrong prescription drug, contact Simmons and Fletcher, P.C., today. Our attorneys have been serving personal injury victims since 1979. Call 800-298-0111 for more information.
Paul Cannon has practiced personal injury trial law since 1995. He is Board Certified in Personal Injury Trial Law (2005). He has earned recognition as a Super Lawyer by Thompson Reuters in 2017 & 2018, and as a Top 100 Trial Lawyer by the National Trial Lawyers Association in 2017. He is a Shareholder, trial lawyer and online marketing manager at Simmons and Fletcher, P.C. His legal writings have been published by the Texas Bar Journal, Business.com, Lawyer.com HG Legal Resources, Lawfirms.com, and others. He has been asked to give education talks and media interviews on dog bite law.