Medication Mistakes: Can You File a Lawsuit?
Irvin V. Cantor—October 27, 2016
If a mistake is made regarding your medication, whether if it is the wrong medication, the wrong dosage, an incorrect label, or even a failure to warn about the side effects of a prescribed medication, among the plethora of other mistakes that may happen, you can file a lawsuit. Basically, anyone involved with prescribing or administering medications can be held liable for any errors made. From physicians to pharmacists, healthcare providers are expected to exercise a certain amount of care and skill, taking into account the impact that even the smallest degree of negligence may have on a patient’s life. Fortunately, you can hold them accountable as it is your right to file a lawsuit.
According to the National Patient Safety Foundation (NPSF), over 30 million medication mistakes are made each year in the U.S. These errors have a wide range of consequences – some may be minimal with no real lasting effects, but others may lead to serious problems and even death.
When a pharmacy is responsible for the mistake, as is often the case, there are a few things you will have to prove when filing a civil lawsuit, many of which are evident. You must prove that the pharmacy was negligent and breached their duty of care to you and that their negligence resulted in injury. The resulting injury must also incur compensable damages, such as hospital bills, lost wages, and pain and suffering. Once you realize an error has been made with your medication, be sure to keep the bottle and package in which you received it, as well as your receipt.
Breit Cantor Grana Buckner represents medical malpractice cases across several different fields, including medication errors. You place your trust in healthcare professionals and have an expectation for your wellbeing to be handled with the utmost diligence. When that trust is betrayed, it is your right to hold them accountable. Get started with a free consultation and call us at (855) 212-8200.
Since 1979, Attorney Irv Cantor has been dedicated to the families of those who have suffered serious injuries or wrongful death. He has recovered more than 50 verdicts and settlements larger than $1 million for injured men and women in Richmond and throughout Virginia and the U.S., securing their futures and their peace of mind for the rest of their lives.