Blog Layout

When is a Medication Error Considered Medical Malpractice?

awi-admin • Jul 24, 2019
According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error.

According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error.

According to a recent journal, every year, 7,000 to 9,000 people die in the United States as a result of a medication error. Additionally, hundreds of thousands of patients experience adverse reactions related to medication, but often do not report their experiences. In some cases, patients pursue medical malpractice lawsuits to seek justice and damages for injuries caused by medication errors. 

Common Medication Errors 

Medication errors can lead to severe injuries or even fatality. Medical professionals can prescribe the wrong medication to a patient or also fail to research the patient’s past prescription drug use. Common examples of medication errors include prescribing the wrong dosage, prescribing the wrong medication, failure to check the patient’s drug allergies, and failure to provide proper instructions. 

Proving Duty of Care 

Not all medication errors are considered malpractice. Patients must determine that the duty of care was breached when their doctor or medical professional prescribed the medication. In regards to medication errors, “duty of care” means that the medical professional charged with prescribing medication must take reasonable steps to ensure their patient’s well-being. 

Breach of Duty & Causation 

A breach of duty occurs when a medical professional fails to adhere to the standard of care, and the patient suffers as a result. A breach of duty may occur in a medication error case if the doctor fails to check the patient’s allergies before prescribing a medication, and the patient suffers an adverse reaction. The patient must be able to prove that the medical professional’s negligence was the cause of his or her injury. 

Proving Damages 

Finally, the patient must be able to prove that the injury related to the medication error caused damages, whether economic or emotional. Common damages include hospital bills, out-of-pocket medical expenses, lost wages, and pain and suffering. 

Contact The Law Offices of Cardaro & Peek, LLC Today

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook , Twitter , and LinkedIn for more information.

27 Dec, 2023
Sometimes nurses can inadvertently contribute to patient harm due to negligence or oversight, resulting in nursing malpractice. Read on to learn more.
By Admin 14 Jun, 2023
Medical misdiagnosis can lead to many bad consequences for your health. Explore common causes of misdiagnosis to be better prepared.
07 Mar, 2023
Medical malpractice occurs when physicians make mistakes that cause patients harm. Read this blog to learn about four common forms of malpractice.
By awi-admin 13 Jan, 2023
Identifying nursing home negligence can be a challenging task, but it is important to be vigilant in order to protect the well-being of our loved ones who are in the care of nursing homes. Negligence in a nursing home can... Read More The post Identifying Signs of Nursing Home Neglect appeared first on .
By awi-admin 13 Jan, 2023
Medical Malpractice Lawyers in Maryland and Washington, D.C. Explain Your Rights to Compensation Following Medical Malpractice  A medical malpractice lawsuit is a legal action brought against a healthcare provider, such as a doctor, nurse, or hospital, for harm caused by... Read More The post What Damages Can You Claim in a Medical Malpractice Case? appeared first on .
By awi-admin 30 Dec, 2022
Tragically, medical malpractice is one of the leading causes of death in the United States, behind heart disease and cancer. Medical malpractice occurs when a healthcare professional fails to meet the standard of care while treating a patient, resulting in... Read More The post 4 Common Medical Malpractice Claims appeared first on .
By awi-admin 30 Dec, 2022
A traumatic brain injury (TBI) is an injury that affects how the brain functions. TBIs usually results from a sudden blow or concussive force to the head. TBIs can range from mild to severe, and the effects may come on... Read More The post Recognizing Symptoms of a Traumatic Brain Injury appeared first on .
By awi-admin 09 Dec, 2022
Spinal cord injuries are (thankfully) rare amongst the various types of birth injuries. However, they are some of the most devastating injuries to the newborn. When a child suffers a spinal cord injury at birth, they might experience lifelong nerve... Read More The post Injury to the Spinal Cord During Birth and Medical Negligence appeared first on .
By awi-admin 02 Dec, 2022
A stroke is a severe condition that can result in permanent brain damage, speech issues, and a significant amount of physical therapy. If left untreated, a stroke can also cause death. As recent as 2013, strokes accounted for nearly 1... Read More The post Failure to Diagnose Strokes in Certain Patients appeared first on .
By awi-admin 18 Nov, 2022
Surgeries are meant to treat patients and improve their health conditions. However, if a patient contracts a surgical infection, it can cause significant complications. Some patients’ body’s immune system responded poorly to the procedure and became susceptible to infection. However,... Read More The post What to Know About Surgical Infections and Medical Malpractice appeared first on .
More Posts
Share by: