Who is Liable For Injuries Caused By Medication Errors?

 Posted on July 09, 2021 in Medical Malpractice

Providing medical care and treatment to a patient in need is a task that requires not only extensive knowledge and skills, but also attention to detail. Even minor deviations from a patient’s treatment plan can cause serious harm. When those deviations result from negligence on the part of a treatment provider, the patient can claim medical malpractice and pursue damages from the at-fault party. One common form of medical negligence is an error related to the patient’s medication.

Negligent Parties in a Medical Malpractice Claim

Depending on the situation, many different parties may be responsible for ensuring that a patient gets the appropriate medication for their condition. An error by any of these parties could be grounds for a medical malpractice claim. Some potentially negligent parties include:

• A doctor who prescribes the medication - There are many opportunities for error when writing a prescription. For example, a doctor could prescribe the wrong dosage or the wrong medication altogether, perhaps due to a misdiagnosis or a careless mistake.

• A nurse who administers the medication - Any healthcare professional who is responsible for directly administering medication to a patient could be found negligent if the medicine is administered incorrectly. An error of this nature could be related to a misreading or mix-up of a patient’s chart. Negligence may also apply if a provider fails to administer a dose at the appropriate time.

• A pharmacist who fills the prescription - A pharmacist who misreads a doctor’s prescription or who otherwise makes an error in preparing the medication for administration may also be liable for the patient’s resulting injuries.

Other possible examples of medical malpractice involving medication errors include the failure to reasonably prevent adverse interactions between medications or the failure to recognize the adverse effects of medications when monitoring a patient’s progress.

In some cases, a patient may suffer injuries because a medication is defective or dangerous, rather than because it was improperly prescribed or administered. When this happens, it may be most appropriate for the patient to pursue compensation from the manufacturer of the medication.

Contact a Winnebago County Medical Malpractice Attorney

If you believe you have suffered an injury or lost a loved one due to a medication error, our experienced Rockford, IL medical malpractice lawyers can review your case to determine who may be at fault. We can also represent you in your claim for compensation and ensure that you fulfill the necessary steps in the legal process, including filing within the statute of limitations and consulting with an expert in the healthcare field. Call Mannarino & Brasfield, A Division of Schwartz Jambois, today at 815-215-7561 to schedule a free initial consultation.

Source:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-622