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. Medication errors are a common cause of 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.
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.
How Can a Medication Attorney Help?
Medication error claims can take the form of medical malpractice suits or product liability mass torts. These are two complex types of cases that can be difficult to navigate without a lawyer’s assistance. Medical malpractice laws in Missouri and Kansas can require a lot on the part of the plaintiff, including affidavits signed by medical experts stating they have reviewed your case and believe you have grounds for a suit. If you have a mass tort claim against the manufacturer of a defective drug, you will be one plaintiff out of many going up against one or multiple defendants. Your lawyer can guide you through the steps of bringing and winning a mass tort claim.
A medication attorney could also help with your Kansas City medication error claim by ensuring you do not settle for less than your case is worth. Insurance companies often offer lowball settlements to try to save money. If you hire an attorney, he or she can handle settlement negotiations on your behalf. Your lawyer can fight for a higher amount based on the extent of your injuries and damages. If the insurance company still will not be reasonable, your lawyer can represent you during a medication error lawsuit in Kansas City. Working with a lawyer can mean obtaining maximum compensation for your losses with minimal work and worry on your part.
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 personal injury 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.
Types of Medication Errors
The field of medicine is complex, with many opportunities for errors. A mistake made at any stage of the medication process, from manufacturing the drug to administering it to the patient, could lead to serious injuries and illnesses. Our Kansas City medication error attorneys can help patients with all types of cases. 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.
To learn more about clinical medication errors and medical negligence, visit here.
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.
Can Medication Errors Be Fatal?
The Food and Drug Administration receives more than 100,000 reports of suspected medication errors in the US each year. Some studies show that over one million patients sustain injuries due to medication mistakes annually. Medication errors can cause severe injuries, including internal bleeding, heart attacks, strokes, birth defects, organ damage, organ failure, disabilities and injuries that require hospitalization. Serious medication errors can be fatal. Unintentional poisoning due to a medication error could cause life-threatening and deadly health complications.
Estimates show hundreds of deaths in the US annually relate to medication errors such as the wrong drug, wrong dosage or wrong patient. These estimates are modest due to a lack of reporting and different classifications for drug errors on patients’ death certificates. Estimates often look only at the number of fatalities reported to poison control centers rather than cases that occur at hospitals and health care facilities. The true number of deaths related to medication mistakes, therefore, is likely much higher.
If you lost someone you love to a suspected medication error in Kansas City, the lawyers at the Dickerson Oxton Law Firm may be able to help. Our wrongful death lawyers can fight for fair compensation on behalf of surviving family members. Your family may be eligible for compensation for funeral and burial costs, medical expenses until the time of death, mental anguish, and other damages. We may be able to help you file a civil claim and prove a health care professional or someone else’s fault for your loved one’s death.
Types of Compensation Available
A successful medication error lawsuit in Kansas City could end in financial compensation for economic and noneconomic damages. An insurance company or court could award you compensation for related health care expenses, including future medical treatments. You could also receive payment for any lost wages related to your injury or illness, as well as travel expenses and legal fees. Physical pain, mental anguish and psychological trauma are also compensable losses in Kansas City. Speak to our attorneys for a full estimate of the value of your case.
Contact a Kansas City Medication Error Attorney
When medication errors occur, they can have devastating impacts on a family. If you or a member of your household has been impacted by a medication error, our law firm is here to help. For a free consultation, call us at (816) 268-1960 or complete our online contact form. We know how serious these errors can be and the law firm of Dickerson Oxton is here to help.