When you visit the doctor’s office, you usually trust the diagnosis and subsequent prescription. However, what happens if you were prescribed the wrong medicine? Medical malpractice affects millions of Americans every year. So what can you do if it happens to you?
Who Made the Mistake?
If you were prescribed the wrong medication, your first instinct is probably to blame the doctor who wrote out your prescription. However, a mistake could occur on any level of the medical supply chain, from the manufacturer to the pharmacist. This is why you should always seek a local attorney in your area to examine your claim and see exactly who was to blame.
For example, the manufacturer producing the drug could release a contaminated supply. The nurse could administer a higher or incorrect dosage. The pharmacist could read or fill out the prescription incorrectly. Or, in some cases, the patient could be at fault for not providing the doctor with accurate information about allergies or underlying conditions.
What Qualifies as Medical Malpractice?
However, there are several ways a doctor could be found at fault for medical malpractice when it comes to prescriptions:
- The doctor prescribes the wrong medication or dosage.
- The doctor provides inaccurate instructions for taking the medication.
- The doctor is made aware of a patient’s allergies but prescribes a medication with that ingredient.
- The doctor prescribes an ineffective medication that ends up worsening the patient’s condition.
- The doctor fails to provide warnings of side effects or potential manufacturing risks.
How Do I Prove Medical Malpractice?
You were harmed by your prescription medication and believe your doctor is at fault. Now, as the lawyers at Cohen & Cohen explain, you must prove liability by showing that the doctor’s prescription was a “negligent act.”
To prove negligence, you must determine that the doctor deviated from the “medical standard of care” for your condition and show that you were harmed as a result. This standard of care is defined as the level of care provided by another medical professional with the same expertise and experience. When proving medical malpractice, an expert witness in a similar vocation must confirm that the doctor’s actions were not up to par with the medical standard of care. You also would need to have physical proof that the prescribed medication caused you a new or worsened injury.
What Can I Do If I Suspect My Doctor of Medical Malpractice?
If you were harmed by a prescription drug error due to your doctor’s negligence, you could be eligible to file a medical malpractice claim. To ensure your claim is well within the statute of limitations, you should contact a medical malpractice lawyer immediately. A legal professional can help determine the at-fault party and what damages you could receive.