Prescription errors can profoundly disrupt your health and may or may not be reversible. Medical practitioners and pharmacists have an obligation to ensure that medications are prescribed, dosed, and administered properly. When they are negligent in their care, a prescription medication error lawyer in Maryland can help you pursue a medical malpractice claim against them.
The Jaklitsch Law Group fights for justice when negligent healthcare professionals cause you harm. Our team has extensive knowledge and experience handling prescription error cases and securing maximum compensation. Our team pairs big results with the personalized attention of a small firm. When you hire a Maryland medical malpractice lawyer, you can rest assured that you will have a partner throughout the entirety of your case.
The Jaklitsch Law Group Stands Up to Health Care Providers
The Jaklitsch Law Group is an award-winning firm that has won over 9,000 cases, recovering invaluable compensation for our clients. Your health, quality of life, and future are our top priority, and we always put your needs first when representing you. Our team provides trusted counsel to help you through the claim process, and we work diligently to build a strong case. We understand that there is much at stake when you are unsure of how to get the care you need, and we make it possible to reclaim your life.
Our team of prescription error lawyers in Maryland thoroughly understands the laws that govern health care and medications. They know how to hold doctors and pharmacists accountable for negligence and how to protect your rights in the process. You should be able to trust that you are receiving the care you need without risk to your health, and our team acts quickly when this standard of care has been violated.
You can be confident that we will thoroughly investigate the events and parties that contributed to the prescription error. We gather all applicable evidence so we can build a strong and customized case on your behalf. We aggressively negotiate on your behalf so opposing parties do not take advantage of you. Our team is also prepared to fight for you in court if negotiations are unsuccessful.
Contingency Fees Ensure You Receive Representation
When you are dealing with unexpected health problems and increased medical expenses due to a prescription error, you may be hesitant to hire a lawyer. Healthcare providers often have large legal teams, and this is not the time to handle your case on your own. The Jaklitsch Law Group removes the costs of services from the equation by working on contingency. This means that you do not have to pay us unless we win your case. Even then, we only take fees from your settlement or verdict.
Why Medication and Prescription Errors Happen
Prescription errors are one of the most common errors that occur in the medical field. These medication errors affect approximately 1.5 million people every year and can happen at any stage in the prescribing and fulfillment process. Some common reasons for prescription errors include:
- Incorrect diagnosis
- Prescription mistakes
- Wrong dosage
- Distribution problems
- Defective drugs
- Incorrect administration
- Poor communication or illegible scripts
- Insufficient information
- Drug mixups
- Similar-sounding or looking medications
Many of these errors would be preventable with extra care and caution. Checking patient and drug details would often help to reduce the number of prescription errors that occur. It is actions like these that healthcare providers can be held responsible for, especially given the potential severity of negative reactions a medication error can cause.
Types of Medication and Prescription Errors
Patients can be the unwitting recipients of prescription errors. These mistakes can be physically and financially costly. Given the many ways these accidents can happen, there are multiple ways that patients can suffer when they are exposed to incorrect medications. Below is a closer look at some of the common types of medication errors and their effects on patients.
Receiving the Incorrect Drug
Patients may be given the wrong drug in error, either by a doctor or a pharmacy mix-up. This can be particularly common among drugs with similar names or appearances. Patients who take the wrong drug may suffer from exacerbated or new symptoms or even have allergic reactions to the medication.
Incorrect Drug Dosage
Without realizing it, patients may be prescribed the wrong dosage of their medication. An elevated dosage can cause adverse reactions, overdoses, or toxicity in the patient. A low dosage may have no effect or fail to manage the condition for which it is taken. In either situation, an incorrect dosage can disrupt various functions in the body.
Failure to Note Drug Allergies
Allergic reactions to drugs can have serious consequences and may even be fatal, depending on the severity of the allergy. When doctors fail to take allergies into consideration or note them on prescription scripts, they can expose patients to serious harm.
Failure to Note Potential Contraindications
While medications can be helpful for treating many health issues, they may not be recommended for people with certain health conditions. When doctors fail to identify or account for situations that might discourage the use of a particular medication, a patient may suffer serious health effects caused by the contraindication.
Prescription Instruction Mistakes
Mistakes can be made when doctors write instructions down incorrectly. This may affect how a pharmacist fills the prescription or how a patient takes the medication. These errors can then result in many of the situations mentioned above and endanger the patient to varying degrees.
Prescription Errors Can Also Result from Pharmacy Errors
Pharmacists can also make errors when filling patient prescriptions, which can harm patients just as much as physician-induced medication errors. Pharmacies and pharmacists handle a large number of prescription requests and serve many patients on a regular basis. They are also held to high standards, and when they are negligent in fulfilling prescription requests, they can be liable for causing patients harm. Some common pharmacy errors may include:
- Prescription mix-ups and incorrect dispensing
- Labelling errors
- Improperly stored drugs
- Incorrect patient
- Failure to fill a prescription
These errors can have profound consequences and long-term ramifications. Patients should seek immediate medical care to counteract the effects of a prescription error, whether caused by a doctor or a pharmacist. They should also be sure to follow all applicable steps to report the pharmacist’s mistake.
Symptoms of a Medication Allergy, Contraindication, or Poor Reaction
When a patient receives the wrong drug or dosage, they can suffer serious repercussions to their health. Some health effects may be minor and temporary, whereas others take more time to recover from or leave lingering effects. In some situations, a prescription error can even be fatal. Some common conditions resulting from prescription errors include:
- Allergic or other adverse reactions
- Pain
- Nausea and vomiting
- Damage to organs
- Overdoses
- Aggravated conditions
- Cognitive challenges
- Respiratory or cardiovascular challenges
- Fatigue
- Weight changes
These are just a few of the signs that a medication error may have occurred. Conversely, when there is no change to your condition after taking a medication, this can also be a sign that you do not have the right medication or dosage. If you notice any of these signs after taking a new or ongoing medication, be sure to receive medical treatment right away. The sooner you identify the cause of your symptoms, the sooner you can treat it and minimize the damage.
Prescription Errors May Be Considered Medical Malpractice
Doctors and pharmacists are held to high standards for providing accurate and quality treatment. Poor medical care that causes harm can be considered medical malpractice and is grounds for legal action. Prescription errors fall into this category when doctors and pharmacists are negligent about prescription safety. If health care providers or pharmacists discover they made a prescription mistake, they should report it using the proper channels. Failure to do so may further increase their liability.
Individuals who have suffered health problems due to a prescription error can, and should, report the harm they have endured so there is an official record of the event. If the prescription error originated with a physician, patients should file a complaint with the Maryland Office of Health Care Quality. If it were a pharmacy error, then patients can fill out the Maryland Board of Pharmacy complaint form.
Patients should also seek out a Maryland prescription error attorney to determine how to proceed and file a medical malpractice claim. They can review your medical records, tests, and treatments that indicate the prescription error and its effects on you. They will use this documentation, along with any other relevant data, as evidence to determine your legal options and effective strategies in your case.
Establishing Liability in a Prescription Error Case
Prescription errors are egregious mistakes that can have serious consequences. When doctors, hospital staff, pharmacists, and drug manufacturers do not exercise the necessary care to avoid harming patients, they can be held accountable for their negligence. When you have been the victim of such an event, a prescription error lawyer in Maryland can help you demonstrate their role in the harm you suffered. They will do so by building your case based on the four prongs of negligence:
- Duty of Care: Doctors and pharmacists have an obligation to use the utmost caution when prescribing or issuing medications so you are not harmed.
- Breach of Duty: Doctors and pharmacists who are careless and do not exercise caution violate their obligation to ensure safety and do no harm.
- Causation: Doctors and pharmacists who make prescription errors that have a negative impact on the patient’s health are linked to the outcome.
- Damages: Doctors and pharmacists are liable for harm they cause through negligent actions and must provide damages to cover your losses.
The evidence collected for your case is vital to building your case and meeting these legal requirements. Once your lawyer has thoroughly established your claim and demonstrated the appropriate party’s negligence, you can move forward with recovering compensation for your losses.
Recover Compensation in Your Case to Offset Your Unexpected Losses
Medication errors can cause serious health complications that require additional medical care. Many individuals may be unprepared for the staggering expense of unexpected health care costs needed to correct or manage the effects they have suffered. To help offset this financial burden, prescription error attorneys in Maryland can help you secure compensation without stress. Some losses you may be able to recover include:
- Medical expenses
- Lost income or earning capacity
- Pain and suffering
- Emotional distress
- Decreased quality of life
- Loss of enjoyment
Your lawyer will discuss your options and how much your case is worth based on your specific circumstances. They will also discuss ways to increase your settlement value and make sure that all present and ongoing treatment costs are accounted for and included in the value of your settlement or verdict. Aggressive negotiation or litigation may be necessary to fully recover your losses, and your lawyer is prepared to fight for you to get you the most favorable results.
You Have a Deadline to File a Medication or Prescription Error Claim
The amount of time you have to pursue legal action will depend on the result of the prescription error. According to Maryland Statute §5–109, you have five years from the time you suffered a health-related injury, or three years from the time you discovered the injury if it didn’t show up immediately, whichever comes first.
While you have a few years to take legal action, it’s in your best interests to contact a lawyer as soon as possible. An attorney can help you understand your legal options and hold the negligent doctor or pharmacist accountable for what happened.
Contact Our Prescription Medication Error Lawyers in Maryland
The Jaklitsch Law Group acts quickly to provide relief for your circumstances. Prescription errors can profoundly affect your life in ways that may not be readily apparent, and we fight to ensure you get the support you need to recover your health and wellbeing. We protect you from opposing parties who try to avoid responsibility for causing you harm, and we hold them accountable. To get started and take back control, contact our law offices today to schedule your free consultation with our team.
