Delray Beach Medication Error Lawyer
Medication errors are an epidemic in U.S. emergency rooms, as statistics bear out – nearly 5 percent of hospitalized patients experience what is called an adverse drug event (ADE, defined as harm experienced by a patient as a result of exposure to a medication), making it the most common inpatient medical error in U.S. hospitals. Of these ADEs, a significant number are out and out errors, or preventable ADEs. If you have been the victim of a preventable medication error, you may be entitled to compensation for your harm suffered. Seek help from the Delray Beach medication error lawyers at the Leifer Law Firm; we are only a phone call away.
Complex Causes of Action
Perhaps one of the most overlooked factors in medication error cases is that they can be extremely complex – there are multiple opportunities for error even in a simple action like writing a prescription. Medication errors can be made by anyone involved in the process between a doctor deciding to prescribe something and a patient taking it – anyone from a nurse to a pharmacist to an intern might be held to have been negligent if adverse results happen.
Because of this, actions that constitute a medication error are widespread – examples include failure to properly read or process a written prescription, mental fatigue on the part of the prescribing doctor or the dispensing pharmacist, use of the wrong equipment to administer the drug to the patient, failure to evaluate for potential interactions, and so on. It is important to keep in mind, however, that mere error does not necessarily rise to the level of malpractice. A medical professional’s actions must breach the standard of care to rise to that level, and one isolated error will rarely do so.
Malpractice and Negligence
If your medication error does rise to the level of malpractice, you will generally need an attorney in order to recover, as Florida’s medical malpractice laws decidedly favor the medical professional. Before a medical malpractice case can be filed, the law requires that a period of pre-suit investigation occur, in order to ensure that the case is worth filing. In order to actually file, the plaintiff must submit notice to each defendant, as well as include an affidavit from a medical expert attesting that there are grounds on which to file suit.
While difficult, it is possible to recover for your injuries, however – it will be necessary to show that the doctor’s (or nurse’s, or pharmacist’s) actions breached the prevailing standard of care expected of a reasonably careful doctor (or nurse, or pharmacist) in similar circumstances, and that that breach directly caused you, the plaintiff, tangible harm. It is not even necessary that the harm be physical – emotional and mental issues do count for malpractice purposes.
Enlist An Experienced Lawyer
Medication is supposed to be part of getting well, rather than the agent of getting more ill. However, sometimes mistakes do happen. If you have suffered harm due to a medication-related mistake, contacting an attorney to see whether or not you have a case for negligence may be a good first step. The Delray Beach medication error lawyers at the Leifer Law Firm will listen to your concerns, and do their best to work toward a fair outcome for all involved. Call today to schedule a free consultation.