Can I Sue Over a Prescription Error?

For many Americans, prescription medications are essential for their health and wellbeing. However, medications are not foolproof. Many have side effects, can interact negatively with other drugs, and may not work properly if taken in the wrong dosage. These complications are the reason that there are such strict regulations on prescription medications.

However, even careful regulations cannot prevent errors. When a patient receives an incorrect prescription, it can have terrible consequences. Though some victims of prescription errors only experience minor effects and discomfort, many others are not so lucky. If you or a loved one suffers damages or death as a result of a prescription error, can you sue?

Prescription Error Lawsuits

In short, it is possible to sue for a prescription error. These cases fall into two categories: medical malpractice and product liability.

Most cases involving prescription errors are medical malpractice. This is because doctors, nurses, hospitals, pharmacists, and other medical professionals have a duty to care for their patients. When an error on their part leads to suffering for the patient, they have violated their duty of care, which then makes them liable for any damages. Some forms of medical malpractice related to prescription errors can include:

• Administering the wrong medication
• Administering the wrong dosage
• Prescribing medication a patient has known allergies to
• Prescribing medication that may react negatively to another medication the patient is taking
• Not warning the patient of known side effects
• Not providing instructions for proper taking of the medication

Sometimes the error isn’t the fault of the doctor, but instead the fault of the prescription manufacturer. A manufacturer may not properly label shipments, neglect to provide adequate instructions or warnings of side effects or distribute ineffective medication. In these cases, the doctor or pharmacist may have prescribed or distributed the right medicine, but the manufacturer’s error resulted in damages. These cases are instead categorized as product liability, but they still give the patient a right to compensation.

Risks of Prescription Errors

Part of what makes prescription errors so serious is the devastating effects they can have on victims’ lives. While the exact effects will vary based on the patient’s health history, medications, and the extent of the error, some potential damages that can result from prescription errors are:

• Allergic reactions
• Organ damage
• Chronic pain
• Internal bleeding
• Disorientation
• Worsening an existing medical condition the prescription helped treat
• Coma
• Death

Sometimes these damages can have life-altering consequences. When this happens, you have a right to not only recover compensation for experienced damages, but also for any future medical bills, lost wages, and pain and suffering that happened because of the error.

Filing a Lawsuit for a Prescription Error

As a medical malpractice or product liability case can lead to facing down a large hospital or corporation in court, it can feel intimidating to start a lawsuit. However, you still have a right to compensation for any damages resulting from the error. To have a case, you must be able to prove that:

• The responsible party did not follow proper guidelines that resulted in a breach of duty
• You experienced injury, illness, or other harm because of the error
• Your damages are serious enough to warrant a lawsuit, such as serious medical complications, bills, and wrongful death.

As medical malpractice and product liability are complicated areas of law, it’s in your best interest to hire an experienced medical malpractice attorney rather than representing your case on your own. A lawyer will be able to help you prove liability and can bring in expert witnesses who are able to establish the standard of reasonable care that contrasts with the liable party’s actions.