Medication Errors

Medication Error Attorney

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 Los Angeles employment attorney, 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 medical malpractice lawyer 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 Los Angeles employment attorney 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.

1. Duty of Care: By admitting and administering care, the provider guarantees safe and competent treatment for the patient.
2. 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.
3. 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.
4. 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 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.

When to Contact a Medical Malpractice Lawyer

Given the unfortunate scenario where you believe you may have been affected by a medication error, follow the steps below on what to do next. Your chances of receiving justice increase the sooner you take action.

1. Seek immediate medical attention. When a medication error occurs, what matters now is getting treatment. This can help minimize further negative health conditions.
2. Document everything throughout the process. Ask for copies of all medical records and prescriptions and write down everything that you can recall the health care professionals said. The more evidence you have, the stronger your case.
3. After gathering as much evidence as possible, report the error to the health care facility. There are strict time statues of limitations in place to protect health care facilities from false claims, so the quicker you file a claim the better.
4. Consult with a medical malpractice lawyer to evaluate your case. They can help you ensure your claim was filed correctly, and if your claim was denied, they can work through an appeal.

It is never easy when a medication error occurs to you or a loved one. The aggravation of preexisting conditions or development of new ones takes their toil on a patient. That’s why Shegerian Conniff is your Los Angeles employment attorney that will fight for your justice. We have a proven history across multiple practice areas and have recovered millions of dollars for our clients. If you are struggling in the fight for financial retribution from a medication error, please reach out below for a free consultation.