Administering the Wrong Medication
Many patients would be alarmed to learn how often improper medication is actually administered. If a patient receives the wrong type of medication, the results can be disastrous or even deadly. This is particularly true when the patient takes various medications that may react poorly with an unintended medication that has not been properly cleared for that patient. While this type of error can happen at a hospital or a pharmacy, it is also common at nursing homes, where the staff administers numerous medications to multiple patients at several points throughout the day. According to a recent FDA report, nearly half of medication errors resulting in fatalities happen to individuals over the age of 60. At Breakstone, White & Gluck, our Boston medical malpractice attorneys have represented many patients and loved ones who have suffered consequences as a result of a medical facility administering the wrong medication. While you are coping with the difficult outcome of this situation, we can assert your rights to the fullest extent of the law.Establishing Liability Based on Administering the Wrong Medication
If you or a loved one has received the wrong medication and suffered injuries as a result, you can bring a medical malpractice action against the medical providers responsible for the error. There are countless reasons why a patient may receive the wrong medication, and almost all of them relate to negligence on the part of the provider. The doctor may write the incorrect medication name on a prescription pad, or the pharmacist may fill the wrong medication at the pharmacy. If a patient is hospitalized, the nursing staff may fail to provide the correct medication, mixing up different patients’ files.
When it comes to establishing liability against a medical provider, your attorney must prove certain elements before you will be awarded compensation. First, he or she must prove that there was a medical provider-patient relationship between the medical provider and you. Next, he or she must show that the defendant failed to treat you with the appropriate level of care. According to Massachusetts law, medical providers are required to treat each patient with the same care and attention that other medical providers in the region with similar training and experience would use when treating a patient with a similar medical history. Based on this standard, medical professionals have a duty to use care when administering medications and to ensure that patients do not receive drugs that could cause them serious health issues or injuries. This duty extends to doctors as well as nurses and pharmacy staff members.
After proving that the medical professional who treated your loved one or you failed to provide the right medication, your lawyer must prove that this failure was the cause of your injuries. If the defendant can show that some other factor was responsible for the injuries that you suffered, you may not be awarded compensation. Since medical situations are often very complex, it is usually necessary to retain an expert witness who can testify about your condition and how administering the wrong medication caused your injuries. This is particularly necessary when your medical history is complex, or when the drug that you received is distinctive. If your attorney is successful in establishing causation, you will be entitled to receive compensation for your medical expenses as well as other types of damages that resulted from the defendant’s error.Speak with a Diligent Boston Lawyer Following an Incident of Malpractice
Realizing that your medical professional treated you without the appropriate level of care can be disheartening, especially considering the amount of trust that we place in these individuals. If you or a loved one suffered serious injuries because of a medication error, you might be entitled to compensation. At Breakstone, White & Gluck, we understand that you probably have questions about the legal process and whether you have a viable claim. We offer a free consultation to discuss your situation and represent people in Boston, Cambridge, Waltham, Lowell, Newton, Somerville, Quincy, Dedham, Norwood, Brookline, Attleboro, Barnstable, Brockton, Plymouth, Worcester, Lawrence, and Springfield, among other cities. To schedule your appointment, call us at 1-800-379-1244 or contact us online. We also represent people who are bringing claims based on surgical errors, anesthesia errors, and other forms of malpractice.