Hammond Medication Error Lawyer
Most Americans take at least one prescription drug. However, though pharmaceuticals can work wonders for many conditions, they come with several risks. Carelessness in prescribing, administering, and dispensing prescription drugs could cause severe side effects and even death.
If you have suffered severe side effects or other harm because a doctor, nurse, pharmacist, hospital, or nursing home made a mistake with your prescription, you deserve financial compensation. A Hammond medication error lawyer could assist you through the process of recovering damages and ensure that you are compensated for any harm that a careless healthcare professional caused. Call a medical malpractice attorney to discuss your next steps.
Negligence Behind Most Prescribing and Dispensing Mistakes
Modern-day pharmaceuticals are potent, targeted, and often incredibly effective at relieving symptoms and modifying the course of a disease. However, the same qualities that make modern drugs so powerful also make them potentially dangerous, and healthcare professionals who prescribe, dispense, and administer prescription drugs must exercise a high degree of care.
Medication errors take many forms, including:
- Prescribing a drug to a patient who has an allergy to a component
- Prescribing a drug that is contraindicated for the patient’s condition
- Prescribing the wrong dose
- Filling a prescription with the wrong drug or the wrong dose
- Mislabeling a prescription
- Failing to consider drug interactions
- Neglecting to note when a drug was administered in a hospital or nursing home setting
Licensed medical professionals who prescribe, dispense, or administer drugs must use the same degree of attentiveness and caution as another provider with similar training and experience would in the circumstances. This duty is called the standard of care. Although every medication error is not a deviation from the standard of care, a skilled legal professional in the Hammond area could review a case to determine whether a deviation from the standard occurred. If so, and if this failure to meet the standard of care harmed the patient, the facts could support a medical malpractice claim.
No Time to Waste
Louisiana Revised Statutes § 9:5628 offers an injured patient only one year to file a lawsuit against a licensed healthcare provider. The one-year period begins when the alleged malpractice occurs. A patient who experiences a medication error should reach out to a Hammond attorney as soon as they are able.
Some malpractice injuries might not be apparent immediately. For example, a patient might not realize that the drug they are taking is ineffective against their condition, or the side effects might be cumulative and not become apparent until some time has passed. If the medication error did not cause immediate symptoms, a patient must file a lawsuit within one year of the date when they learned or should have learned of it. Patients lose their right to sue after three years, regardless of the date they discovered the malpractice.
In practice, patients and their trial lawyers must make preparations to file a lawsuit well before the one-year time limit approaches. Potential plaintiffs must submit their claim to the Louisiana Medical Review Board before filing a lawsuit alleging malpractice. The one-year clock stops running while the claim is before the Board, but once the Board has responded to the claim, the plaintiff must file suit within 90 days.
Damages Available to Patient Harmed by Drug Errors
When a plaintiff suffers harm due to medical malpractice, they are entitled to compensation for their damages. Damages could cover the patient’s unreimbursed medical expenses, missed time at work, pain and suffering, and other losses. A Hammond medication error attorney could help a plaintiff document their damages and fight for an amount that fully compensates them.
Unfortunately, Louisiana limits the total damages a plaintiff could receive in a medical malpractice action to $500,000. However, if the condition the medication error caused will require ongoing care or treatment in the future, the Louisiana Patient Compensation Fund will cover the cost.
If the plaintiff’s negligence was a contributing factor in their injury, they could still collect damages. However, the court will adjust amount the plaintiff collects to reflect their degree of responsibility for their injury.
Bring Your Medication Error Claim to a Capable Hammond Attorney
Almost all medication errors are preventable, and people who have endured pain and loss at the hands of a careless or incompetent healthcare provider deserve their day in court. A Hammond medication error lawyer could handle cases on behalf of an individual who has been harmed because of a medical professional’s lack of skill or caution.
You have only a short time to seek justice. Set up a case review with a devoted legal advocate by calling today.