Medication errors often involve poor training, disregard for safety, and negligence. When medical professionals or facilities make these preventable errors, injured patients have a right to seek compensation through a personal injury claim. Michael LoGiudice, LLP, helps injured clients protect their health by fighting for the compensation they need while on the road to recovery. Contact us today to get started with a free initial consultation.
What Is a Medication Error?
A medication error happens when a medical provider gives the wrong drug, dose, or instructions or fails to give necessary medication. These mistakes can occur in nursing homes, pharmacies, hospitals, and outpatient clinics. Factors like poor communication, understaffed facilities, and lack of training or supervision increase the risk of a medication error. Examples of common medication errors include:
- Mislabeling a Prescription – The patient may take the wrong drug or the wrong dose, especially if a pharmacist puts the wrong label on a medication. This type of error can lead to adverse reactions, ineffective treatment, and, in extreme cases, overdoses.
- Prescribing the Wrong Medication for a Condition – A doctor who prescribes the wrong drug can cause serious complications, including worsening of the patient’s original condition. This often results from misdiagnosis or failure to consider the patient’s medical history.
- Failing to Check for Allergies – Prescribing or administering a drug that a patient is allergic to can cause severe allergic reactions, including anaphylaxis. This mistake is often preventable through a basic review of medical records or patient interviews.
- Giving Two Medications That Dangerously Interact – Some medications cause harmful effects when taken together, such as heart problems, seizures, or internal bleeding. Medical providers must review all current prescriptions before adding new drugs to a patient’s treatment plan.
- Skipping Doses or Giving Too Much – Missing doses can leave serious conditions untreated, while giving too much can lead to toxicity or overdose. These mistakes often happen in hospitals and nursing homes where staff are overworked or poorly trained.
Why Choose Michael LoGiudice, LLP?
When you’re healing from a healthcare provider’s negligence, especially in cases involving medication errors, you need an attorney who’s aggressive with providers and insurers and compassionate with clients. At Michael LoGiudice, LLP, we deliver that and more, including:
- Consistent Communication – You won’t be treated like a file number when you’re working with us. We give you and your claim the personalized attention you need and deserve. We keep you informed through regular claim updates, specific guidance, and a strategy designed to address your claim’s circumstances and compensation needs.
- Results-Driven Representation – We’ve handled various cases over the years of representing injured New Yorkers, securing substantial verdicts and settlements. Whether your case involves a physician, pharmacy, or hospital, we use our knowledge and experience to fight for you.
- Persistent Negotiation – We know that insurance companies will do everything they can to downplay, delay, or deny your claim, either by disputing fault or pressuring you into accepting a lowball settlement before you fully understand the scope of your injuries. We have decades of experience negotiating with insurers only looking out for their bottom line. We challenge their denials and fight for the compensation you need.
What to Do if You Suspect a Medication Error
Your first priority should always be your health. If you suspect a medication error is actively harming your health, take the following steps:
- Seek Immediate Medical Care – If you’re experiencing allergic reactions, unusual symptoms, or a worsening condition after taking a medication, get emergency medical attention right away. Timely treatment can prevent further harm and help reverse the effects of the error.
- Request a Copy of Your Medical Records – Get a complete copy of your medical records, including prescription history, doctor’s notes, and pharmacy records. These documents can serve as essential evidence to show which medications the provider prescribed, which medications the patient took, and what went wrong. Request the medical records quickly, as medical facilities may not retain records indefinitely and can potentially delay your claim.
- Report the Error – Notify the facility’s administrator immediately if the error occurred in a clinic, hospital, or nursing home. You should also file a formal complaint with the New York State Department of Health, which investigates incidents of medical negligence and maintains records of violations. This not only helps with your potential legal claim, but also alerts regulators to prevent harm to future patients.
- Contact a Personal Injury Lawyer – Speak with an experienced New York personal injury attorney with experience in handling medical malpractice and medication error cases once your condition is stable. A lawyer can review the facts, receive an expert’s opinion and analysis, and help you pursue compensation in a claim or a lawsuit, if needed.
Potential Damages Available in a Medication Error Claim
You can pursue compensation to cover a variety of losses in a medical malpractice claim, including:
- Medical Expenses – You can seek compensation for all error-related costs like surgeries, hospital bills, rehabilitation, and any future corrective care for the error.
- Lost Wages and Loss of Future Earning Capacity – You can pursue compensation if your injury prevents you from working during recovery. In severe cases, you can pursue compensation if your injury reduces your ability to work long-term and overall earning potential.
- Pain and Suffering – You can seek compensation to cover the physical pain and discomfort, emotional distress, and diminished quality of life caused by the medication error.
- Wrongful Death – Surviving family members can pursue a wrongful death claim if a loved one dies as a result of a medication error. This includes funeral costs, loss of financial support, and emotional suffering.
Contact Our Medical Malpractice Lawyers for Help
The consequences of medical negligence can be life-altering, but you don’t have to face this alone. Michael LoGiudice, LLP, is here to help you pursue justice and the compensation you deserve. Let us investigate what went wrong, hold responsible parties accountable, and help you heal. Call our office today for your free consultation.