Improper Medication or Dosage: Do I Have a Case?

By December 9, 2024

Medicine will kill you if you take it in the wrong wayReceiving incorrect medication or an improper dosage can have serious, sometimes life-threatening consequences. Whether it’s a wrong prescription, an overdose, or a failure to account for allergies and interactions, medical errors can disrupt lives and lead to significant harm. If you’ve experienced adverse effects due to improper medication or dosage, you might be wondering: Do I have a case?

At Poissant, Nichols, Grue, Vanier & Babbie, P.C., our dedicated New York personal injury lawyers understand the complexities of medical malpractice cases. We are here to help you determine whether you have a viable claim and guide you through the legal process to seek the compensation you deserve.

The Dangers of Medical Negligence

Medical malpractice occurs when a healthcare professional deviates from the standard of care, resulting in harm to a patient. Improper medication or dosage is a common form of medical negligence. This can include prescribing the wrong drug, incorrect dosage, or failing to recognize potential drug interactions. According to the American Medical Association, medication errors are among the most frequent causes of medical malpractice claims, underscoring the importance of vigilant medical practices.

Determining If You Have a Case

To establish a medical malpractice case, you must demonstrate that certain critical elements are present. These elements ensure that there is a clear link between the healthcare provider’s actions and the harm you have suffered.

Duty of Care

The first step in establishing a case is proving that the healthcare provider owed you a duty of care. This means that there was a professional relationship between you and the provider, such as a doctor-patient relationship, where the provider was responsible for your medical treatment. In Malone, NY, experienced personal injury attorneys understand that establishing this duty is fundamental to your case. Without demonstrating that the provider had an obligation to provide competent medical care, your claim cannot proceed.

Breach of Duty

Once a duty of care is established, the next step is to show that the provider breached this duty. A breach occurs when the healthcare professional fails to adhere to the accepted standards of medical practice. For example, prescribing the wrong medication or an incorrect dosage indicates a failure to meet these standards. Our New York personal injury lawyers can help you gather the necessary evidence, such as medical records and expert testimonies, to prove that the provider’s actions fell below the expected level of care.

Causation

After proving a breach of duty, you must demonstrate that this breach directly caused your injuries. It is not enough to show that the provider made an error; you must also show that this error led to the harm you experienced. This involves linking the improper medication or dosage to the specific injuries or complications you suffered. Medical negligence lawyers in New York can work with medical experts to establish this causal connection, ensuring that your case clearly shows how the provider’s actions resulted in your harm.

Damages

The final element you need to establish is that you suffered measurable damages as a result of the breach. Damages can include physical injuries, additional medical expenses, lost wages, and emotional distress. These harms must be documented and quantified to support your claim for compensation. Personal injury attorneys can help you compile comprehensive records of your injuries and financial losses, providing a solid foundation for your case.

Our New York personal injury attorneys can evaluate your situation to determine if these elements are present in your case. Early legal consultation increases the likelihood of a successful outcome, so reach out to us today for an assessment.

Seeking Compensation

Compensation for medical malpractice can cover a range of damages, including:

  • Medical Expenses: Costs for additional treatments, surgeries, and medications.
  • Lost Wages: Compensation for time taken off work due to your injury.
  • Pain and Suffering: Financial support for the physical and emotional distress caused by the malpractice.
  • Punitive Damages: In cases of gross negligence, additional compensation may be awarded to punish the responsible party.

If you’ve been affected by improper medication or dosage, don’t wait to seek legal assistance. The statute of limitations for medical malpractice claims in New York is typically two years from the date of the injury, making timely action essential. Contact Poissant, Nichols, Grue, Vanier & Babbie, P.C. today to schedule a consultation.

Why Choose Us?

Experiencing harm due to improper medication or dosage is a distressing ordeal, but you don’t have to face it alone. Poissant, Nichols, Grue, Vanier & Babbie, P.C. is committed to helping you understand your legal options and pursue the compensation you need to rebuild your life. With our knowledgeable team and client-focused approach, we provide the support necessary to handle your case effectively. Don’t hesitate—call us today to begin your journey towards justice and recovery.

All initial personal injury consultations are free. Contact our office regarding any matter at any time.

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