Many of us find ourselves in situations where we turn to medical professionals in a time of need. In most cases, especially here in New York City, we meet with qualified and highly-skilled medical professionals who can help get us back on the right track. Unfortunately, however, this isn’t always the case. In fact, medical malpractice and negligence aren’t all that uncommon. One of the most common medical errors involves prescribing and dosing medication. If your doctor recently prescribed you the wrong medication and you were harmed as a result, you’re most likely now wondering whether you can sue your doctor for compensation. Please continue reading and reach out to our experienced New York City medication error attorney to learn more about these cases and how our firm can help you through each phase of the process ahead. Here are some of the questions you may have:
What Is a Medication Error Under New York Medical Malpractice Law?
A medication error is a preventable mistake that occurs during the prescribing, ordering, dispensing, or administration of a medication that causes harm.
Who Can Be Responsible?
The following individuals may face liability if you suffer harm as a result of a preventable medication error in New York:
- Your treating physician
- The pharmacist or their staff
- The hospital staff
- Electronic prescribing or record-keeping failures
When Does Prescribing the Wrong Medication Become Malpractice?
In many cases, simply prescribing the wrong medication or prescribing a medication that doesn’t have the desired effect doesn’t necessarily qualify for malpractice. Some side effects or failures may occur even when a doctor adheres to the appropriate standards. However, if you can prove that your doctor prescribed a medication that an otherwise reasonable physician would not have prescribed and that you were harmed and incurred significant damages as a result, there’s a strong chance that you’ll have a valid medical malpractice claim against the physician in question.
Generally, a valid medical malpractice claim requires you to show that:
- A provider-patient relationship existed (establishes duty of care)
- The provider breached this duty by deviating from accepted medical standards
- The deviation caused injury
- The injury caused measurable financial or physical harm
For example, if you have a documented allergy to penicillin, and your provider prescribes amoxicillin, which is a derivative of penicillin, and you go into anaphylaxis as a result, this would be considered malpractice. This is because the harm you suffered was avoidable with proper care.
What Can Happen When Someone Is Prescribed the Wrong Medication?
The result of ingesting the wrong medication can be severe. Unfortunately, this is true if you are prescribed an entirely different medication or the medication you receive is the wrong dose based on your height and weight. As such, you may suffer the following outcomes:
- Severe allergic reactions
- Overdose symptoms (dizziness, difficulty staying awake, rapid breathing, psychosis)
- Life-threatening complications
- Organ damage
- Ineffective treatment of the condition for which the medication was prescribed
What Types of Medication Errors May Lead to Lawsuits?
There is a wide array of mistakes that physicians in New York City and across the state can make when prescribing medication to patients. Just some of the most common medication errors we’ve seen over the years are as follows:
- Prescribing the wrong dose of a medication
- Prescribing the wrong medication
- Prescribing a medication that causes an allergic reaction
- Choosing the wrong route to administer medication
- Illegible transcribing
- Failing to monitor interactions with other medications
What Should I Do if I Was Harmed by a Medication Error?
Discovering that you have been taking the wrong medication or dosage can be incredibly scary. As such, it’s critical to take the necessary steps to best protect yourself during these difficult times.
Seek Immediate Medical Attention
Taking the wrong dosage or suffering an adverse reaction to a medication should be treated by a medical professional immediately. Prompt treatment can help prevent further complications while ensuring a record of the event, which can be critical when seeking compensation.
Gather Documentation
If you are the victim of a medication error, collecting evidence and documentation is critical to establish what was ordered and how the error occurred. As such, you should keep:
- The pill bottle or packaging
- Any medication instructions from your provider or the pharmacy
- Pharmacy receipts
- After-visit summaries
- Your medical records from your provider
- Allergy records
Contact a Medical Malpractice Attorney
Working with an attorney as soon as possible is critical in New York City medical malpractice cases. Often, expert review is required, and working with an attorney can help ensure that evidence is analyzed and preserved. Additionally, you only have two years and six months from the date of the error or your last treatment under that provider’s care to file a claim, so the sooner you can proceed, the better.
Contact Our Experienced New York City Firm
If you believe you are the victim of a medication error in New York, it’s in your best interest to connect with an experienced attorney with Mark L. Bodner, P.C.. Our team is committed to guiding clients through each step of the medical malpractice and personal injury claims process. Contact us today to learn how we can represent you during these difficult times.