Prescription Medical Malpractice: What to Know

By seriousl September 9, 2024

When we seek medical help, we trust professionals to guide us toward recovery with the right treatments and medications. However, when the trust is broken due to a prescription error, the consequences can be severe or even life-threatening. Understanding your rights in cases of prescription medical malpractice is crucial, and at Poissant, Nichols, Grue, Vanier & Babbie, P.C., we are here to ensure those rights are upheld.

Prescription Medical Malpractice

Prescription medical malpractice involves several types of errors, each of which can significantly affect patient health. These errors can occur at various stages of the medication process, from prescribing to dispensing and administering medication. The main types of prescription errors include:

• Incorrect Dosage: The prescription of a dose that is either too high or too low can lead to under-treatment or severe toxicity. For instance, an excessive dose of blood thinners can cause dangerous bleeding, while an insufficient dose may fail to prevent harmful clots.
• Wrong Medication: This error occurs when a patient receives a medication different from what was medically necessary for their condition. Such an error can happen due to similar medication names or handwriting misinterpretations.
• Failure to Account for Allergies: If a healthcare provider prescribes a medication without checking a patient’s allergy history, the patient may suffer severe allergic reactions, which can be fatal in extreme cases.
• Drug Interactions: When prescribing medications, it is crucial to consider all other medications the patient is taking. Certain drug combinations can lead to severe adverse interactions, decreasing the effectiveness of treatments or causing additional health issues.

Each case of prescription medical malpractice must be thoroughly investigated to determine whether negligence occurred and to assess the full extent of impact on the patient’s health. Legal standards dictate that proving negligence requires establishing that the care provided deviated from the standard practice accepted in the medical community.

Types of Damages in Prescription Medical Malpractice Cases

In cases of prescription medical malpractice, victims may seek several types of damages, each addressing distinct impacts of the medical error.

• Medical Expenses: This category encompasses all costs related to medical treatments necessitated by the prescription error. It includes immediate medical costs such as emergency room visits, hospital stays, and initial treatments, as well as ongoing care expenses like physical therapy, specialist consultations, and rehabilitation. Future medical expenses are also covered under this category, accounting for any continuing medical needs arising from the malpractice.
• Lost Wages: Compensation for lost wages addresses the financial impact of the victim’s inability to work, both in the immediate aftermath and long-term. It includes immediate lost income during recovery and extends to loss of earning capacity if the victim can no longer engage in the same kind of work at the same level of earning. In cases of permanent disability, compensation may also be projected to cover future earnings, providing financial stability for the victim whose ability to earn has been adversely affected.
• Pain and Suffering: This type of damage compensates for the physical and emotional distress caused by the prescription error. Physical pain encompasses ongoing discomfort and severe pain, as well as any lasting physical limitations resulting from the error. Emotional distress covers psychological impacts such as anxiety, depression, and post-traumatic stress, reflecting the profound effect of the medical error on the victim’s mental health and overall quality of life.
• Punitive Damages: Unlike compensatory damages, punitive damages are awarded to punish the negligent party for particularly reckless or harmful behavior and to deter similar future conduct. These are not awarded in every case but are reserved for instances of egregious negligence where the provider’s actions went far beyond typical medical errors. The aim is to serve as a deterrent, reinforcing the need for adherence to medical standards and promoting greater care in the medical profession.

Understanding these damages is crucial for victims of prescription errors, as they provide a basis for seeking fair compensation and achieving some measure of justice for the harm suffered.

Legal Recourse for Prescription Errors

Patients harmed by prescription errors can pursue compensation for medical expenses, lost wages, pain, and suffering, among other damages. It is crucial to understand the steps necessary to initiate a medical malpractice claim effectively:

• Documentation: Essential documents include medical records detailing the treatment, prescription records, any relevant correspondence, and financial records showing incurred expenses.
• Statute of Limitations: This legal time frame varies by state but generally ranges from one to three years from when the error was discovered. Filing within this period is mandatory to maintain eligibility to pursue damages.
• Expert Testimony: A medical expert must typically testify to establish the deviation from the standard of care and directly link the prescription error to the harm caused.

At Poissant, Nichols, Grue, Vanier & Babbie, P.C., our medical malpractice lawyers in NYC will carefully analyze each case, working to ensure that all aspects of the harm done are considered in any legal claims. Our detailed approach ensures that our clients receive the justice they deserve.

Your New York Personal Injury Lawyers

Choosing the right medical negligence lawyer can significantly impact the resolution of a medical malpractice case. At Poissant, Nichols, Grue, Vanier & Babbie, P.C., we are dedicated to protecting the rights of those harmed by prescription errors. Our team’s meticulous approach and commitment to our clients make us a trusted choice for those seeking justice in medical malpractice cases. Don’t wait. Contact Poissant, Nichols, Grue, Vanier & Babbie, P.C. today and let us help you get back on your feet.