Gaithersburg Medication Errors Attorney

A medication error occurs when someone on the medical team prescribes or gives the wrong dosage or the wrong medicine. This type of medical malpractice is entirely preventable, but unfortunately, it is all too common. According to the U.S. Food & Drug Administration (FDA), the agency receives reports of over 100,000 medication errors every year. 

Serious consequences could result from administering the incorrect dose or the wrong medication entirely. A medication error can cause allergic reactions, overdose, and even death. 

If you are experiencing any of the following situations, a medication errors attorney from our team can evaluate your case and seek compensation for damages.

• Adverse reactions to a medication where you were not informed of the risks
• Wrong medication
• Incorrect instructions about the medication
• Wrong dosage
• Mixed drugs

It is important to emphasize that, for a lawsuit not to be dismissed, the previous situations must have had a serious impact on the patient’s health. A lawyer can investigate your case and help you build evidence to demonstrate your harm and your damages.

When Can a Case of Medication Error Occur?

Since every disease requires treatment, possible scenarios involving medication errors are pervasive. Some examples are:

Post-Surgical Procedures

Surgeries are procedures that, depending on the seriousness of the disease, can be outpatient or require a lengthy recovery period. The treating doctor will prescribe medications to facilitate recovery as part of the post-surgical treatment. If the doctor is not careful about the specified amounts or the nurse makes a mistake, it can harm the patient.

Diagnostic Errors

Medication errors could be linked to errors in diagnosis. A doctor who cannot correctly diagnose an illness will prescribe the wrong medicine. The consequences of misdiagnosis are very significant. Even if the medication does not cause greater harm to the patient, it will not help eliminate the pain or heal the disease, ending in more profound pain or more advanced disease.

Errors When Filling the Prescription

Medication errors caused when dispensing the medication are also common. In these cases, both the dose and the drug should be appropriate for the disease and the patient; however, in the pharmacy, they could give the wrong medication, and this causes the patient to be in danger.

Some defendants in these cases may claim that doctors’ handwriting is not the clearest. Although this error can be prevented by using digital prescriptions and no longer resorting to the traditional way of writing by hand, this problem still exists. While not all medication error cases are fatal, many have serious reactions to taking the wrong drug.

Compensation for Medication Errors

As the victim of a medical error, you can obtain further compensation to address your damages, such as:

• Your total lost wages while you were injured or recovering
• Medical expenses to treat health complications
• Pain and suffering
• Loss of enjoyment of life
• Any other economic or non-economic damages that can be proven

In cases where the patient lost their life because of a medication mistake, the next of kin can proceed with a wrongful death lawsuit. Family members can recover compensation for funeral expenses, loss of companionship, lost income, and more.

Statute of Limitations for Medical Errors in Maryland

If you live in Gaithersburg and have a medication error case, you must follow the Maryland statute of limitations when filing a lawsuit, per Maryland Courts & Judicial Proceedings Code Section 5-109. This law dictates that you must file a lawsuit within the first five years after the injury.

Laws regarding medical errors can be complex, however. To confirm how long you have to file a lawsuit and ensure that your case is on track, you may want to get help from a lawyer on our team. They can clarify these and any other laws that may apply to your case. 

Contact Brown & Barron online today to schedule a free case review with a with a medication errors lawyer serving Gaithersburg.