You rely on medical professionals to help relieve pain and come to your aid when you suffer from chronic illness. Most of the time, you’re in good hands. But sometimes, the wrong combination of pharmaceuticals, dosage, or other common medication errors can have life-long consequences.
The effects of a medication error can be devastating. They can lead to permanent injury or death. Medication errors harm over a million people every year. Depending on the circumstances, these mistakes could serve as the basis of medical malpractice for prescription drugs.
If you suspect that you or a loved one has been the victim of a medication error, contact an experienced prescription malpractice attorney at Baird Mandalas Brockstedt & Federico today.
What Is Prescription Medication Malpractice?
Not every medication error results in malpractice. The best way to determine if your injury is considered severe enough to warrant a malpractice claim is to contact an experienced attorney. They can help you investigate your claim and work with medical experts to determine whether you were a victim of medication malpractice. In Maryland, medical malpractice claims require testimony from expert witnesses to be successful.
Examples of Negligence for a Medication Error
Medical professionals may be considered negligent for prescription malpractice when they:
- Give a patient the wrong dosage of medication,
- Prescribe the wrong dosage of drugs,
- Prescribe medications without consulting the patient’s medical history,
- Fail to warn the patient of all risks and side effects of the prescribed medication, or
- Give a patient a dangerous mix of prescription drugs.
These errors must result in damages. Additionally, to make it worth pursuing a medication malpractice claim, your injuries should be severe enough to warrant the litigation expense.
Requirements to Prove Negligence in a Medical Malpractice Claim
To prevail in a medical malpractice case based on medication malpractice, your attorney must show that your doctor or other health care professional was negligent. Your attorney must prove the following:
- The medical professional owed you a duty of care;
- The medical professional breached the duty of care by failing to adhere to the appropriate standards of care under the specific circumstances,
- The medical professional’s breach was a direct cause of your injuries, and
- You suffered harm due to the medical professional’s carelessness.
You must establish these elements before recovering compensation in a medical malpractice case.
What Types of Compensation Are Available in a Medical Error Case?
If you prove your claim, you may be able to recover a variety of damages, including the following:
- Medical expenses,
- Costs of future treatment,
- Lost wages, and
- Pain and suffering.
Under Maryland law, there is no limit on the amount of economic damages (i.e., lost income, medical expenses, etc.) a plaintiff can receive in medical malpractice cases. Maryland does cap noneconomic damages, however. This limits how much you can recover for your pain and suffering.
How Long Do You Have to File a Medication Error Lawsuit
Like other personal injury claims, Maryland has a statute of limitations for medication error claims. In Maryland, most medical malpractice claims must be filed within the shorter of five years after the malpractice or three years after the victim discovers or should have discovered the injury. If you believe you have a claim, don’t delay seeking help from an experienced medical malpractice lawyer.
Consult with a Maryland Medication Error Lawyer
If you were a victim of a medication error or a wrong prescription, you may have a prescription error claim. Our award-winning Maryland medical malpractice attorneys have the experience and resources to provide our clients with the highest level of client service. We have been leaders in the field of medical malpractice litigation for decades. Call us today or contact us online.
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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