Prince William County Medication Error Lawyer
Medication errors can occur if a physician prescribes the wrong medication for a patient or a pharmacist fills the prescription incorrectly. The error could be attributed to a failure to ask the patient if they have any allergies, or it could occur in the hospital or a nursing home where a patient is administered the wrong medication or dosage.
Medication errors in Virginia amount to medical malpractice, a version of personal injury torts. Medical professionals have a standard of care they must live up to when treating patients; when they do not, negligence may be established. If you or a loved one was given the wrong medication or incorrect dosage, a Prince William County medication error lawyer can help you seek compensation for your physical and emotional damages.
Defining Medication Errors
Medication errors are most often the fault of the person administering the medication, although physicians and pharmacists can also be liable. According to Medicaid, 68 percent of nursing home residents nationwide are prescribed at least nine medications to be taken daily. Medical professionals owe patients a duty of care equal to what a reasonable professional in a similar position would provide. Falling below that standard will help satisfy the elements of duty and breach in a medical malpractice claim. If the breach is the cause of an injury, then there may be a strong case for financial recovery.
Some examples of medication errors include:
- The medical provider did not check to see if the patient was allergic to one of the drug’s components
- A medication meant to be injected under the skin is injected into a vein
- A medical provider administers the incorrect dosage of a patient’s medicine
- A physician misdiagnoses a patient and then prescribes medicine for the wrong ailment
- A nursing home caregiver fails to log a patient’s medication, although it is administered, and the follow-up caregiver gives the patient another dose
A medication error can cause irreparable harm, including organ failure, allergic reactions, the condition made worse, overdoses, and death. A Prince William County attorney will reconstruct how and why medication errors were made and strategize legal options with plaintiffs to get them fair compensation.
Responsibility for Medication Errors
Anyone in the chain of administering healthcare can be liable for compensating a patient injured by medication errors. If care facility staff members are not properly trained, the hospital or care facility can be held responsible, as well as the treating physician who should be checking that protocols are followed and noticing if a medication seems to be causing problems. The pharmacist could also be responsible if the medication is prepared incorrectly.
Statute of Limitations
A medication error in Virginia is medical malpractice. If a patient is harmed by this type of mistake, under Virginia Code § 8.01-243, they have two years from the date of the error to file a medical malpractice lawsuit. In some malpractice actions, the statute of limitations is extended to begin after the patient learns of the mistake.
Virginia imposes restrictions and rules for malpractice claims that differ from regular negligence claims, so patients harmed by the wrong prescriptions should contact a medication error lawyer in Prince William County for assistance.
Speak to a Prince William County Medication Error Attorney Today
The majority of physicians, nurses, hospitals, and nursing homes are dedicated to patients’ well-being and provide compassionate and competent care. But sometimes medication errors are made, whether through negligence, lack of knowledge, or acting in haste.
As challenging as keeping medications for multiple patients straight may be, it is part of a standard of care that must be upheld. Failing to live up to this expectation can amount to medical malpractice. If you are suffering adverse effects because of medication errors, a Prince William County medication error lawyer at Price Benowitz can discuss your legal choices with you. Call now for a free consultation.
