Medication errors are a common cause for medical malpractice lawsuits. Doctors must prescribe appropriate medications and take patients’ medical histories, drug allergies, other medications, and overall medical status into consideration. Some medical malpractice claims for medication errors focus on other defendants, such as pharmacies or drug suppliers. Virtually any entity involved in the supply chain of medications from manufacturing to prescription filling may absorb liability for medication errors. If you or a loved one was injured due to a medication mistake, contact a reliable Kansas City medication error attorney at Dickerson Oxton, LLC.
Types of Medication Errors
A medication error can lead to a medical malpractice claim in many ways:
- Prescribing errors. In these cases, the defendant did not prescribe the correct medication to the patient. This could mean prescribing the wrong medication, the wrong dosage, or the wrong delivery method.
- Prescription filling errors. These cases involve pharmacies that fill prescriptions. Pharmacy employees must ensure they fill prescriptions accurately and consult with prescribing doctors if there is any room for concern about prescription legibility, dosage, or other issues.
- Manufacturing errors. The Food and Drug Administration carefully oversees the prescription drug industry and requires all manufacturers to meet an acceptable standard of care in their production processes. When a manufacturer learns that one of its products is dangerous, the company must take appropriate action to limit injuries to patients who take the dangerous drug. Defective or dangerous drug cases often fall under product liability laws. With these claims, plaintiffs don’t always necessarily have to prove defendants were negligent, only that the medication in question was indeed defective and the defect caused the plaintiff’s damages.
Depending on the nature of a medication error case, the plaintiff may incur additional medical expenses, experience unnecessary pain and suffering, and may miss time from work to receive treatment. A medication error also impedes the proper treatment the patient should receive, causing his or her initial problem to carry on longer than necessary. Patients injured by medication errors can hire a Kansas City medical malpractice lawyer and sue for compensation for these damages.
Winning a Medication Error Case
The first step in winning a medical malpractice lawsuit for a medication error requires the plaintiff and his or her Kansas City medication error attorney to prove that an official doctor-patient relationship existed between the plaintiff and the defendant. Next, the plaintiff must show the court how the medication error constitutes a breach of the acceptable standard of care for the situation. In other words, the plaintiff must prove that another similarly skilled person in the same situation would not have made the same error. Finally, the plaintiff must prove that he or she suffered actual harm or injury, and the damages were “more likely than not” caused by the defendant’s negligence. This may sound straightforward, but medical malpractice claims are notoriously complex, and a medication error case may involve multiple defendants.
Free Case Evaluation with a Kansas City Medication Error Lawyer
Patients in the Kansas City, MO, area who suffer injuries from medication errors need legal representation to navigate these complicated claims and secure compensation for their losses. Dickerson Oxton, LLC has a strong reputation for successful medical malpractice cases in the Kansas City region, so reach out to our team today for more information about medical malpractice laws in Missouri. We can also schedule a free case evaluation with one of our Kansas City medication error attorneys and let you know what to expect from a lawsuit.