One of the main ways health care providers treat medical problems is with medicine. Unfortunately, medication errors put patients at risk for serious injury and possibly death.
If you have been the victim of a medication error that caused an injury, you may be owed compensation from a medical malpractice lawsuit. Roden Law's Savannah medication error lawyers can determine if you have a viable case. Schedule a free, no obligation consultation with our qualified attorneys to find out how we can help you through the legal process.
We take cases on a contingency fee basis, so you will not be charged for our services unless you receive the compensation you deserve.
How to Determine if a Medication Error is Medical Malpractice
Medical errors, including medication errors, are not automatically considered medical malpractice. To be considered malpractice, a medication error claim has to satisfy four conditions:
- There was a duty of care – This means the medical professional who caused the error had a legal obligation to provide care that met accepted standards in the medical community. In other words, the medical professional in question needed to act the way a similarly-trained medical professional would if he or she was in a similar kind of situation.
- The duty of care was breached – This means the medical professional did not fulfill the duty of care for the situation. Our Savannah medication error attorneys must show how the health care provider's action or lack of action was a violation of the duty of care.
- Your injuries were caused by the breached duty of care – In other words, we need to show that your injuries would not have occurred if the duty of care was upheld. This often means we need to disprove claims from the other side that your injuries were caused by something else besides the medication error.
- Your injuries caused damages – This could include emotional pain, physical pain, medical bills from surgeries or other medical treatment, lost wages, and lost earning capacity.
Establishing these four elements is a complicated, difficult process. That is why working with an experienced attorney is to your benefit.
The Savannah medical malpractice lawyers at Roden Law have the resources to thoroughly investigate your situation and collect evidence to determine if you have a case.
Fill out a Free Case Evaluation form today to speak with an attorney.
Common Medication Errors
One of the most common forms of medical malpractice is a medication error. These can occur during surgeries and other medical procedures, at pharmacies, doctors' offices or other places where patients are being treated by a health care provider.
A World Health Organization report on medication errors identifies a few definitions of medication errors. For example, the United States National Coordinating Council for Medication Error Reporting and Prevention says a medication error is a preventable event that could cause inappropriate medication use or harm to a patient when the medication is in control of a health care professional, patient or consumer. These errors could be related to dispensing, distributing, administering, monitoring, using, packaging, labeling or professionally practicing.
There are many different types of medication errors, including:
- Failing to warn about side effects
- Prescribing medication the patient is allergic to or that has harmful interactions with other medications the patient is taking
- Providing the wrong dose of a medication, either too much or too little
- Giving a patient the wrong medication
- Failing to monitor a patient to determine if the medication is causing problems
- Administering a drug incorrectly, such as providing it intravenously when it should be taken another way
- Giving a patient his or her medication at the wrong time, which often happens at hospitals or other medical facilities where the patient is staying
- Giving the wrong instructions on taking the medication
These errors are committed by a variety of medical professionals, including:
- General practitioners
- Pharmacy technicians
- Physician assistants
- Hospital staff
Injuries from Medication Errors
Medication errors can cause many severe and possibly life-threatening injuries, including:
- Heart attack
- Traumatic brain injury
- Organ failure or damage
- Respiratory problems
- Psychological problems
- Allergic reactions
- Low blood pressure
- Worsening of existing health problems
If you suffered any injury that you believe was caused by a medication error, you may be entitled to compensation for medical bills, lost wages, physical pain and suffering, and other damages.
Our Savannah medication error lawyers can determine your legal options in a free legal consultation. We do not charge for our services unless our clients are compensated at the end of the legal process.
Fill out a Free Case Evaluation form right now.
What Causes Medication Errors?
There are many reasons why medication errors occur, including:
- Illegible handwriting
- Writing the name of one drug when the physician meant to write another
- Improper placement of a decimal point in the prescription
- Poor training of pharmacy staff, including the pharmacist
- Miscommunication between health care providers about the patient
- Incorrectly transcribing doctor's notes
- Confusing two patients with similar names
- Failing to verify the name of a drug or its dosage
- Miscalculating the correct dosage
- Failing to take a complete patient history to discover potentially harmful drug interactions
- Prescribing a drug the doctor does not have adequate knowledge of
- Inaccurate patient records
The medication error lawyers in Savannah at our firm can review your situation to determine if your medication error was caused by medical malpractice. We know how to conduct a thorough investigation to gather evidence to help us prove your case.
Call Roden Law today for a free, no obligation consultation. 1-844-RESULTS
How Long Do I Have to File a Lawsuit?
Medication error claims are governed by Georgia's medical malpractice statute of limitations. This is a deadline for filing a lawsuit, and if you miss the deadline you lose the chance to file a lawsuit.
Georgia's medical malpractice statute of limitations is two years from the date of injury or death caused by malpractice.
However, there is an exception to this statute called the statute of repose. This applies when someone is a victim of medical malpractice but is not aware of it on the date it happens. In these situations, the statute of limitations will not begin running until you know or are reasonably expected to know you were a victim of a medication error.
The statute of repose also says lawsuits must be filed within five years of the date malpractice happened, regardless of when you discovered it. This means if you discover malpractice four years after it happened, you have one year to file a lawsuit.
The Savannah medication error lawyers at our firm have detailed knowledge of the statute of limitations and how to determine how they apply to your case.
Contact us right now by completing a Free Case Evaluation form.
Contact a Savannah Medication Error Lawyer Today
Medication errors are extremely dangerous, as they can lead to many severe health problems. If a patient receives too much or too little of a medication, or the wrong medication, he or she could have life-threatening medical issues.
These errors are often a result of medical malpractice, so victims could be entitled to compensation by filing a medical malpractice lawsuit.
The attorneys at Roden Law have in-depth knowledge of these claims and how to pursue the compensation victims deserve. Our Savannah medication error attorneys can review your situation in a free consultation to see if we can help you.
We are committed to guiding you through the legal process and managing every aspect of your case so you can focus on recovering from your medical issues.