Discovering that a medical professional’s oversight led to a medication error can be an overwhelming experience. From incorrect dosages and pharmacy mix-ups to overlooked patient allergies, these avoidable lapses often result in devatstating damages. Understanding your legal rights is the first step toward healing. Please contiue reading to learn more about navigating a medical malpractice claim and how a dedicated New York City Hospital Negligence Attorney can help fight for the justice you deserve.
Can You Sue a New York Hospital for Giving the Wrong Medication?
Generally, you can sue a New York hospital for providing the wrong medication. However, you must prove that the doctor, nurse, or pharmacist deviated from accepted medical standards and directly caused your damages. Unfortunately, a mistake alone is not enough to constitute medical malpractice. The mistake must have caused actual harm or injury.
Common medication errors include:
- Prescribing the wrong medication
- Failing to check for allergies
- Failing to identify dangerous drug interactions
- Failing to monitor high-risk medication
Consult a knowledgeable New York City hospital negligence attorney who can help determine the validity of your claim. These cases are usually complex and require expert medical testimony to prove medical malpractice.
What Steps Should I Take After a Medication Error?
If you believe you’ve been given the wrong medication, prompt action is crucial. Given that your health is at stake, you must inform a healthcare professional right away. You should explain what happened, including the name of the drug you were suppoed to receive, the drug you were given, and the dosage prescribed. This enables them to counteract any adverse effects from the mistake.
Don’t discard any item. You should retain the medication bottle, all packaging, and any accompanying printed directions. These pieces of evidence are indispensable proof for your claim. Additionally, you must maintain a comprehensive log detailing your daily symptoms and take photos if you have a visible reaction. Notify the hospital or institution where the pharmaceutical mistake took place and file an incident report.
It should be noted that the statute of limitations for filing a medical malpractice lawsuit in New York is much shorter, typically two years and six months from the date of the malpractice. Failure to file your claim within the right timeframe will result in the absolute bar of recovery.
If you’ve been harmed due to receiving the wrong medication or an incorrect dose, it’s in your best interest to contact Mark L. Bodner, P.C. Our legal team is prepared to help you understand your legal options and fight for the compensation you need to get your life back on track.