Types of Negligence That Cause Medication Errors
Medication errors can happen for a variety of reasons. Doctors, nurses, and pharmacists can make mistakes that can lead to a chain reaction of errors. If you suffered unexpected harm from a prescribed medication, then you might be on the receiving end of one of these errors. Talk to a Wilmington medical malpractice attorney about your options for compensation.
NEGLIGENCE BEHIND MEDICATION ERRORS
There are several reasons medication errors can happen. Some reasons involve unforeseen mistakes while others could be considered negligent. Identifying the negligent cause of the medication error that impacted you is vital for your malpractice lawsuit.
The most common negligent causes of medication errors can be broken down into personal reasons and risk factors. Personal reasons for medication errors include:
- Rushing a prescription
- Carelessness when filling out a prescription order
Risk factors increase the chances of a medication error and may include:
- Failing to follow-up with a patient who has concerns, questions, or is starting a new medication
- Illegible handwriting is misinterpreted by nurses and pharmacy staff
- Lack of communication
- Staff with a lack of experience with medication prescribing and management
- Shift work fatigue
- Not following medication procedures and policies
HOW TO SUE FOR A MEDICATION ERROR
Even if you know the cause of the medication error, proving this can be challenging. You will need to find evidence of negligence and the harm you suffered as a result. The main components of a medical malpractice lawsuit are:
- A legal duty to you as a patient
- Breach of this duty
You will need to prove you had a professional relationship established with the medical professional who caused your injuries. This might be shown through receipts and medical records. A breach of this duty can be proven through expert witness testimonies.
The link between the harm you suffered from the medication and the medical professional’s negligence must be connected by causation. Proving this can be challenging. This can be shown with direct or proximate causes of the harm you suffered.
The harm you suffered is called damages. You can prove damages by obtaining copies of your medical records showing any medical care you received because of the medication error. Damages may not only include your medical bills but also:
- Pain and suffering
- Emotional distress
- Future medical costs
Many medical malpractice cases do not go to trial, but if yours does, you may want to contact a Wilmington malpractice lawyer to prepare your case. A lawyer can help you practice for the trial and make sure you have enough evidence to support your claim. Your lawyer can defend your claim throughout the trial to increase your chances of significant compensation.
MEDICAL MALPRACTICE ATTORNEY IN DELAWARE
Suing for a medication error can be difficult. Reach out to a Delaware medical malpractice lawyer to see what steps you can take. Feel free to call Edelstein Martin & Nelson at (302) 295-5050 for a free consultation today. Our experienced team of malpractice attorneys might be able to help you obtain compensation for emotional distress and medical bills associated with the harm you experienced.