Whether it is due to prescribing the wrong drug, administering the incorrect dosage, or failing to account for harmful drug interactions, medication errors can have severe and sometimes fatal consequences for patients. In many instances, mistakes involving medication could have been avoided and are the direct result of carelessness. As such, many people harmed by such recklessness will pursue medical malpractice claims against the providers responsible for their injuries. Damages for medication errors can help to provide relief for medical expenses, lost wages, and the pain and suffering caused by medical negligence, and if you are considering pursuing such claims, it is important to talk to an attorney. The experienced Baltimore medical malpractice lawyers or Arfaa Law Group dedicate their practice to protecting the rights of people harmed by inadequate medical care, and if you hire us, we will work diligently to help you seek favorable results.
Medication Errors and Medical NegligenceMedication errors arise when a healthcare provider makes a misstep when prescribing, dispensing, or administering medication. These errors can happen in hospitals, pharmacies, nursing homes, and even during outpatient care. Common types of medication errors include prescribing the wrong drug, administering an incorrect dosage, failing to account for drug allergies, or failing to recognize potentially harmful drug interactions. In some cases, pharmacists may dispense the wrong medication or fail to provide adequate instructions for use.
In Maryland, healthcare providers are required to adhere to the accepted standard of care when prescribing and administering medication. When they fail to do so, and a patient is harmed as a result, they may be liable for medical malpractice. To recover damages for medication errors, the plaintiff must prove that the healthcare provider owed them a duty of care, that the provider breached that duty by failing to meet the standard of care, and that the breach directly caused the patient’s injuries.
Demonstrating Causation in Cases Seeking Damages for Medication ErrorsOne of the most challenging aspects of pursuing damages for medication errors is proving that the error directly caused the patient’s injuries. In many cases, patients are already ill or have complex medical conditions, and the defendant may argue that the harm was caused by the underlying illness rather than the medication error.
To overcome this challenge, plaintiffs typically rely on expert testimony from medical professionals who can explain how the medication error deviated from the standard of care and how it caused or worsened the patient’s condition. For example, an expert might testify that the wrong dosage of a drug led to kidney failure or that a failure to account for a drug allergy caused a life-threatening reaction.
Types of Damages in Medication Error CasesDamages for medication errors can vary depending on the severity of the harm caused. Plaintiffs may seek both economic and non-economic damages. Economic damages are designed to compensate for the financial costs associated with the injury. These may include medical bills for treatment, rehabilitation, out-of-pocket costs, and lost wages if the patient cannot work due to their injuries. In cases where the medication error leads to long-term or permanent harm, plaintiffs may also seek compensation for future medical care and lost earning capacity.
Non-economic damages compensate for the more subjective losses that patients suffer due to medication errors. These may include pain and suffering, emotional distress, and loss of enjoyment of life. For example, if a patient suffers severe side effects from a medication error, such as organ damage or a life-threatening allergic reaction, they may experience significant physical pain and emotional trauma.
Consult a Skillful Baltimore Medical Malpractice AttorneyIf you or someone you love sustained losses due to a healthcare provider’s mistakes in administering, dispensing, or prescribing medication, you may be able to recover damages for medication errors in a medical malpractice lawsuit, and you should consult a lawyer. At Arfaa Law Group, our skillful Maryland medical malpractice attorneys know what it takes to recover compensation in challenging claims against negligent healthcare providers, and if we represent you, we will gather any evidence in your favor to provide you with a strong chance of obtaining a positive outcome. We have an office in Baltimore, where we often assist people with medical malpractice claims. You can reach us via our form online or by calling us at 410-889-1850 to arrange a consultation.