Medication errors are among the most common medical errors. The harm caused by medication errors can range from mild, temporary discomfort to permanent disability, and even death.
If you have been harmed as the result of a medication error, you might be entitled to compensation. A Maryland medication error lawyer can help you determine if you may file a medication error lawsuit.
What Is a Medication Error Lawsuit?
A medication error is a preventable event that can cause or lead to patient harm. With many adults taking at least one prescription drug, it is easy to see how medication errors can affect so many lives. Medication errors fall under the umbrella of personal injury law.
Medication errors are a significant concern in the complex world of healthcare, often leading to severe consequences for patients. When such errors occur due to negligence or misconduct, they fall under the purview of medical malpractice law.
In Maryland, like in many other states, medication errors are taken seriously, and patients have legal avenues to seek justice and compensation with the help of a skilled medication error attorney.
The experienced medication error attorneys at Baird Mandalas Brockstedt & Federico can help you determine if you can pursue a medication error lawsuit.
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Understanding Medication Errors in Medical Malpractice
Medication errors encompass many mistakes, including prescribing the wrong medication, administering incorrect dosages, failing to consider drug interactions, and improper medication management.
These errors can lead to adverse drug reactions, worsening of the patient’s condition, or even life-threatening situations. In medical malpractice, proving that a medication error occurred due to negligence or a breach of duty is crucial.
Proving Negligence in Medication Error Cases
Certain elements must be proven to establish a valid medical malpractice case for medication errors in Maryland, including:
- Duty of care—the healthcare provider had a duty to provide competent and appropriate medical care, including accurate medication administration;
- Breach of duty—the provider breached this duty by committing a medication error, such as prescribing the wrong medication or dosage;
- Causation—the error directly caused harm or injury to the patient; and
- Damages—the patient suffered measurable damages, such as physical harm, emotional distress, or financial losses, due to the error.
Medical malpractice cases hinge on proving these elements through medical records, expert testimony, and other evidence demonstrating the healthcare provider’s deviation from the standard of care.
Negligence Standard in Medical Malpractice vs. Other Personal Injury Cases
It’s important to note that the negligence standard in medical malpractice differs from that in other personal injury cases.
In medical malpractice, the standard of care is determined by what a reasonably competent healthcare provider would do in similar circumstances. This standard is more specialized than the general standard of care in personal injury cases.
As a result, this is why a medication error lawyer is essential to ensuring proper representation. They can help secure healthcare experts to confirm that the standard of care was breached.
How Do Medication Errors Occur?
A medication error may occur from the time the medication is manufactured and labeled to the time it is prescribed and used by the patient.
An experienced attorney can help you determine how a medication error occurred. Some of the most common causes of medication errors include:
- Incorrect diagnosis,
- Prescribing and/or administering the wrong medication,
- Prescribing and/or administering the wrong dose of the medication,
- Product labeling issues,
- Incorrect drug administration,
- Failure to communicate about the side-effects of the medication, and
- Failure to monitor the patient.
These are a few of the common causes of medication errors. If your situation does not seem to fall under any of these descriptions, you might still have a case.
The medication error attorneys at Baird Mandalas Brockstedt & Federico can evaluate the circumstances of your case and determine if you have the right to take legal action.
Who Is Liable in a Medication Error Lawsuit?
In a medication error lawsuit, several parties may be held liable depending on the circumstances of the error. Identifying the responsible parties is crucial for pursuing legal action and seeking compensation for damages. Some of these responsible parties include:
- Healthcare providers,
- Other hospital and medical facility staff,
- Pharmacy staff,
- Third-party vendors and contractors, and
Determining liability in a medication error lawsuit requires a thorough investigation, review of medical records, expert testimony, and legal analysis to identify the responsible parties and their degree of fault.
An experienced medication error attorney can assess the case, gather evidence, and build a strong legal strategy to hold the appropriate parties accountable for the harm caused by the medication error.
Types of Compensation in Medication Error Cases
In medication error cases within the context of medical malpractice, compensation can encompass various categories based on the damages incurred by the patient. Here are the types of compensation typically sought in such cases, along with the factors that can influence the value of a case:
Medical Expenses
These include past and future medical costs directly related to treating the injury caused by the medication error.
Factors that impact the amount of medical expenses compensation include the severity of the injury, the necessity of ongoing treatment or rehabilitation, and the anticipated medical expenses over the patient’s lifetime.
Lost Income
Patients may obtain compensation for income lost due to an injury caused by a medication error. Compensation may include wages lost during recovery and potential future earnings if the injury has long-term effects on the patient’s ability to work.
Factors influencing lost income compensation include the patient’s occupation, earning capacity, and the extent of time missed from work due to the injury.
Pain and Suffering
These damages cover physical pain, emotional distress, and the overall impact of the injury on the patient’s quality of life.
Factors that can affect pain and suffering compensation include the severity of pain experienced, the duration of suffering, any permanent disabilities or disfigurement resulting from the error, and the emotional trauma endured by the patient and their family.
Loss of Consortium
In some cases, the patient’s spouse or family member may receive compensation for the loss of companionship, support, and services due to the patient’s injury.
Factors considered in loss of consortium claims include the impact of the injury on family relationships, the extent of care provided by the injured party before the injury, and the emotional strain on family members as a result of the error.
Medical Malpractice Statute of Limitations in Maryland
In Maryland, there are strict time limits for filing medical malpractice claims, known as the statute of limitations.
Generally, the statute of limitations for medical malpractice cases, including those related to medication errors, is the lesser of five years from the date of injury or three years from when the injury was discovered or reasonably should have been discovered.
However, there are exceptions and nuances to these rules, underscoring the importance of seeking legal advice promptly.
Initiating the legal process as soon as reasonably possible is crucial for several reasons:
- Preservation of evidence—prompt action helps preserve crucial evidence, such as medical records and witness testimonies;
- Compliance with deadlines—missing the statute of limitations can bar a patient from pursuing legal recourse; and
- Peace of mind—taking timely action allows patients and their families to focus on recovery while legal professionals handle the complexities of the case.
Unfortunately, you may be barred from legal recovery if you do not file your case before the statute of limitations expires. If you are beyond this timeframe, your medication error lawyer can help determine if any exceptions apply.
How a Medication Error Lawyer can Help
The experienced medication error lawyers at Baird Mandalas Brockstedt & Federico can help you determine if you have a case by requesting your medical records and/or prescription and having those records reviewed by appropriate experts. If you believe you were prescribed the wrong medication and/or the wrong dosage, call us today.
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Choosing a Maryland Medication Error Attorney
When you file a medication error lawsuit, you will be taking on experienced insurance and legal professionals. The medication error attorneys at Baird Mandalas Brockstedt & Federico, LLC can help you fight the insurance companies and navigate the legal system.
Contact us today to schedule your free medication error case consultation.