Managing Partner
There are several types of medical malpractice. One common form of medical malpractice occurs when a healthcare provider makes prescription errors. However, not all prescription errors necessarily rise to the level of malpractice. Therefore, following a prescription error resulting in harm or injury, it is advisable to consult with an experienced medical malpractice attorney. In this article, we examine when prescription errors may constitute medical malpractice.
Common Prescription Errors Resulting in Medical Malpractice
Several types of prescription errors can result in medical malpractice. Examples include:
Dispensing the incorrect medication or dosage: Doctors must properly prescribe medication, and nurses must provide patients with the correct medication. Mistakes made during the prescribing or administering of medication can result in severe problems for patients and may result in a medical malpractice lawsuit.
Incorrectly labeling medication: The incorrect labeling of medication can cause patients to take the wrong medicine. When this occurs, patients often suffer serious harm, both from the incorrect medication ingested and the failure to take the required medication.
Failing to consider allergies or side effects when prescribing medications: A medical professional should always consider a patient’s allergies when prescribing medication. In addition, doctors should inform patients of the possible side effects of prescribed medications. The failure to consider allergies or side effects when prescribing medications to patients can result in serious injuries and may be grounds for a medical malpractice lawsuit.
Proving Medical Malpractice in a Prescription Error Case
Proving medical malpractice in a prescription error case is complicated and requires a substantial amount of evidence. Three key things that must be proven in a medical malpractice case are:
The medical standard of care: The first step in succeeding in a medical malpractice case is establishing the applicable medical standard of care. This is typically accomplished by having an expert witness testify regarding the standard level of care required in the case’s specific circumstances.
There was a deviation from the standard of care: After proving the standard of care, evidence must be introduced that proves the doctor or other medical professional deviated from this standard.
The plaintiff suffered harm as a result of the deviation: Finally, the patient in a medical malpractice case must prove that he or she was harmed as a result of the doctor’s action or inaction. In other words, there must be a connection between the patient’s injury and the doctor’s deviation from the applicable standard of care in the case.
Contact a Long Island Medical Malpractice Attorney
If you are a medical malpractice victim in the state of New York, you should contact an experienced medical malpractice lawyer as soon as possible. At Dell & Dean, PLLC, our experienced New York medical malpractice attorneys will aggressively pursue financial compensation on your behalf. Please contact us to arrange a consultation with one of our talented medical malpractice attorneys.
