Call Now to Schedule Your Free 1-Hour Consultation (718) 414-6642

Call Now to Schedule Your Free 1-Hour Consultation

When Do Medication Errors Become Medical Malpractice?


Medical malpractice cases are typically centered on the wrongdoing of a medical practitioner. So, what would happen if a doctor suggest a dangerous prescription medication to a patient? Legally, the doctor who gives the incorrect prescription is liable for the error. Medication errors are complicated cases because you must demonstrate beyond a shadow of a doubt that the doctors’ actions constituted medical negligence. This article discusses the circumstances under which a doctor’s error is considered medical misconduct.

What Types Of Prescription Errors Cause Medical Malpractice?

Several prescription medication errors and related actions may result in legal issues. These are the most common mistakes that can lead to a doctor being held liable for malpractice.

  • Giving the wrong medication to a patient;
  • Giving medication that interferes with a patient’s pre-existing medical conditions;
  • Giving medication to which the patient is allergic;
  • Incorrect medication labelling;
  • Failing to warn the patient about potential medication side effects.

Evidence Required To Establish Prescription Error Malpractice In Medicine

In order to establish a doctor’s liability in a medical malpractice lawsuit, supporting evidence must be presented. These three guiding principles determine whether or not a negligence case is plausible:

Was there an exception to the rule? Evidence that the doctor deviated from standard practice when administering medication is required. In this case, too, an expert witness must demonstrate how the doctor violated the recommended standard of care.

What is the accepted medical standard? The recommended procedures in the specific scenario must be clearly understood. A medical expert witness defines the standard level of care required in the context of the incident.

Was there any harm done? There should be clear evidence that the doctors’ actions harmed the patients’ health. You must demonstrate that the medication administered caused health problems or worsened the state of a preexisting condition. The medical issue should be serious enough to justify a lawsuit.

How Much Money Can I Get For A Prescription Error Claim?

Prescription error compensation claims are evaluated on an individual basis. The amount of compensation you receive will be determined by the nature and severity of your injuries, as well as the financial losses you have sustained as a result of the injuries.

If your clinical negligence claim is successful, you will most likely be awarded compensation for both general and special damages. General damages are compensation for pain and suffering, difficulty or inability to work, and loss of amenity caused by the prescription error.

Special damages are intended to compensate for actual out-of-pocket expenses incurred as a result of the prescription error. Medical expenses, cost of care, travel costs, and loss of learnings could all be claimed as special damages. Our US Legal Law medical negligence lawyers in Long Island, NY will make certain that you receive the maximum compensation possible as a result of the mistreatment you have endured.

Get Professional Assistance With Prescription Medication Errors

You’ve seen some examples of what can happen when medical staff mistakes lead to malpractice claims. If you, a family member, or a friend were in a similar situation, you would want the best advice and representation available. Our Personal Injury Attorneys in Long Island, NY want to assist you. Kindly, contact us for a free case evaluation.

Justin William, Esq.

Call Now to Schedule Your Free 1 Hour
Peace of Mind Briefing: (718) 414-6642

Accessibility Accessibility
× Accessibility Menu CTRL+U