Is it possible to sue when you’re the victim of a prescription medication error? A prescription medication error can cause significant medical complications and even death. When you’re in the hospital, or you receive outpatient medical care, you can become the victim of a prescription medication error. Here are your rights if you’re the victim of a prescription medication error.
Can You Sue Because of a Prescription Medication Error?
Yes, you can sue when you’re the victim of a prescription medication error. A physician, nurse, doctor’s office, hospital or other health care provider may owe you compensation when you’re hurt because of a prescription medication error. The claim must be based on a careless or reckless mistake on the part of a healthcare provider.
It can’t be based solely on a poor result where everyone involved took the proper precautions. If you’re hurt because a healthcare provider made a prescription medication error because of their negligence, you may bring a claim for compensation based on state law.
Texas Law for Prescription Medication Errors
All medical care providers have an obligation to handle drug prescriptions with reasonable, professional care. You may presume that the medical team that manages your prescriptions is sufficiently trained and careful about their work. The standard that applies is whether the doctor, hospital or other medical team used the amount of proficiency and care that a reasonable and trained care provider would have used in the same circumstances.
How Can Prescription Medication Errors Occur?
There are a number of ways that a prescription medication error can occur:
- A health care provider makes a poor judgment and chooses the wrong medication
- A health care provider writes down the wrong drug name
- There’s a miscommunication between the person who prescribes the drug and the person who delivers it
- Incorrect dosages
- Failing to monitor a patient appropriately while they take a medicine
- Not checking for allergies before prescribing a drug
- Ordering multiple drugs without checking for drug interactions
- Issuing a medication without teaching the patient how to take it
- Not informing the patient about warning signs when they take a drug
Legally, it doesn’t matter how the error occurs as long as the error is based on negligence. Any time a prescription error falls below the standard of care for a trained medical professional, the victim may have a valid legal claim for compensation.
How to Bring a Lawsuit Based on a Prescription Medication Error
One of the challenges in bringing a claim based on a medication error is proving how the error occurred. Medical professionals may have a code of silence within their organization that prevents you from getting answers. Fortunately, you can engage in formal discovery to demand records. You can order individuals involved to sit for depositions and answer questions under oath. Expert witnesses can help you explain how the errors result in your injuries and poor medical results.
Things to Know About Damages for Texas Prescription Medication Errors
When your claim arises in Texas, there are important things to know when it comes to your damages. There are no limits on your financial damages. For example, if you require extra medical care, you can claim the entire amount of your increased medical costs. If you have other kinds of financial losses, there are no limits, and you can include every dollar in your claim.
However, Texas creates statutory limitations for the amount of non-economic damages that you can claim. You may claim up to $250,000 against a provider for a single medication error event. You may claim up to $500,000 total from multiple care providers for a single event. Your team of experienced attorneys can help you ensure that you claim the maximum amount possible for your claim.
Time Limits to Bring Prescription Medication Mistake Claims in Dallas
Texas imposes statutory limits for asserting a claim based on a prescription error. The most basic rule is that you must bring the claim within two years of knowing about the injury.
Requirements for Prescription Medication Lawsuits in Dallas
Before you can formally file your suit in court, you must submit a notice of claim with the medical care provider. You must give them a 60-day notice. The purpose of the rule is to allow the individuals or organization involved to offer to pay you fairly without formal litigation. In addition, when you file your claim, you must provide an expert report within 120 days. Your expert report must explain the causal relationship between the medical failures in your case and your harm.
Prescription Medication Lawsuits
Has a prescription medication error hurt you? You have rights. You may bring a claim for compensation based on negligence. There are time limits that apply and requirements to assert your claim successfully. An experienced attorney for prescription medication lawsuits can help you evaluate and pursue your claim.
Author bio: Jack Bernstein is a Miami, Florida medical malpractice lawyer with over 36 years of experience helping victims of medical negligence.
