Medication Error Attorney in Los Angeles
Every year, thousands of patients are injured in their care facilities due to medication errors. These mistakes can arise from the incorrect prescription being prescribed to the wrong medication being administered to the patient. This can have dire consequences for the patient, leading to worsened conditions or permanent physical damage. It can also cause great emotional turmoil for both the patient and their family, which is why an experienced medical malpractice lawyer can help. With a trusted medication error attorney in Los Angeles, you or a loved one can receive the financial restitution and justice you deserve.
What is a Medication error?
Medication errors occur when a patient is administered the incorrect dosage or wrong treatment during their care. This doesn’t usually result in minor effects: many patients experience severe physical harm. While medical professionals are trained to avoid these errors, mistakes still happen in any care facility.
Not every mistake is considered malpractice under the eyes of the law, however. It is important to consult with a medication error lawyer in California to evaluate your situation and to check your options. Usually when a mistake is due to negligence, then the law allows the patient to seek financial resolution and justice via the court system. These mistakes can occur at any level in a care facility, such as a doctor prescribing medicine before checking a known allergen chart. Hospitals and clinics may lack the proper safety procedures, demonstrating negligence if an error were to occur. Even the drug manufacturers themselves may be at fault. If they fail to mention side effects or provide adequate labeling for proper prescribing, then they may be liable for restitution. Consult with a medication error attorney in Los Angeles if you believe that you have been subjected to a medication error.
Proving Liability of Medical Error
While your case may appear to be a medication error, it is very important to be able to prove the 4 elements below. Since these are the roots of medication errors, connecting them to your experience will give you the best chance to establish fault.
- Duty of Care: By admitting and administering care, the provider guarantees safe and competent treatment for the patient.
- Breach of Duty: When administering care, the provider displayed negligence by making a medical error. For example, this could be when a nurse gives an incorrect dosage of a medicine.
- Causation: From a direct result of the negligent medical error, the patient is injured or experiences worsening conditions of previous illness. Following our previous example, the patient experiences a seizure while in care from the incorrect dosage.
- Damages: The patient experiences damage due to the error, which can be proven in a court of law. In our example, during the patient’s seizure they cut their arm and after healing have a scar.
To ensure compliance with these conditions, be sure to document as much as possible about what occurred. Every bit of evidence is helpful for a medical malpractice lawyer in Los Angeles in the court of law, so proper documentation about the timing, incident, and aftermath are critical. This evidence can be found within your prescription records or medical files.
How Patients can Protect Themselves
While not always avoidable, there are certain precautions a patient can take to prevent a medication error.
- Always keep an up-to-date list of your current medications. Be sure to provide this to your health care provider during treatment.
- Always ask about potential side effects and potential interactions regarding your medication. The more you know about your medication, the better.
- Double check your prescriptions after you receive them at the pharmacy. Be sure to check the proper dosage listed on the bottle and cross examine them with what your doctor prescribed.
- Most importantly, speak up with your health care provider whenever getting prescribed treatment. Ask them to confirm their care instructions and let them know if something doesn’t feel right with you.
