Medication Errors

Doctors routinely prescribe medications to treat and prevent a variety of conditions. Before issuing a prescription, a doctor must evaluate a patient's symptoms and medical history to determine what medication and dosage will be most beneficial for the patient. When an appropriately prescribed medication is taken as directed, it can greatly improve a person's health. Conversely, when a medication is prescribed or administered incorrectly, it can cause great harm to the person it was intended to help. If you sustained an illness or injury due to medication errors, you should meet with a trusted attorney to assess what compensation you may be able to recover. The knowledgeable Prince George’s County medical malpractice attorneys of Foran & Foran, P.A. will evaluate the circumstances surrounding your harm and advise you of your options for seeking redress for your damages.

Medication errors often occur when a doctor fails to obtain or review a patient's medical history thoroughly and prescribes a drug that is contraindicated due to another medication, an allergy, or a health condition, resulting in an adverse reaction. Medication errors also frequently occur when a doctor prescribes the incorrect dosage of an appropriate medication. If the dosage is too low, it may be ineffective, but if it is too high, it can cause unintended side effects. Similarly, a doctor may commit an error by failing to advise a patient of the potential side effects of taking a medication, such as drowsiness, which may lead to an injury. The failure to prescribe a drug in a timely manner may also be considered a medication error. Even if a doctor appropriately prescribes a medication, an error may nonetheless occur if the medication is improperly administered in a nursing home or hospital or improperly disbursed by a pharmacist.

Generally, a person harmed by a medication error will pursue a medical malpractice claim against the physician or care provider that caused their harm. In most cases, the plaintiff will allege that the error was the result of negligence.

Under Maryland law, a plaintiff asserting that a medical provider is liable for negligence must first establish that the provider had a duty to comport with a standard of care but that the care provider breached the duty. In cases arising out of medication errors, the duty owed is the duty to provide care commensurate with the care that a provider in the same field or specialty would have provided under a similar set of facts.

Parties pursuing medical malpractice claims will likely need to engage an expert to establish the standard of care and the way in which the acts or omissions of the provider constituted a breach. The plaintiff must then show that the breach proximately caused the harm alleged. Put another way, the plaintiff must show that they would not have suffered damages if the provider did not breach the standard of care. Lastly, the plaintiff must prove that they sustained actual damages.

The harm caused by medication errors can be costly to treat and can cause mental and emotional suffering as well. As such, people injured by medication errors may be entitled to recover both economic and non-economic damages. Economic damages are defined as the financial losses that were caused by the plaintiff’s injury, which include medical expenses, lost wages, and out-of-pocket costs. Non-economic damages constitute the nonfinancial harm caused by the injury, including mental anguish, pain and suffering, and inconvenience.

Medication is an essential part of medical care, but when a medical practitioner commits a medication error, it can cause grave harm. If you sustained injuries due to a medication error, it is wise to speak with an attorney to discuss what claims you may be able to pursue against the parties that caused your harm. The trusted Prince George’s County medical malpractice attorneys of Foran & Foran, P.A., are skilled at helping injured parties recover compensation, and we will work tirelessly to help you pursue a successful outcome. We have an office in Greenbelt, Maryland, and we regularly represent people in Hyattsville, Bowie, Upper Marlboro, Waldorf, La Plata, Silver Spring, Rockville, and other cities in Prince George’s County, Montgomery County, Charles County, and all counties in the State of Maryland in medical malpractice lawsuits. You can arrange a confidential and free conference by contacting us through our form online or by calling us at (301) 441-2022.