Adverse reactions to medications send 1.3 million Americans to emergency rooms every year. If you’ve had a negative response to a drug prescribed by your doctor, you might be wondering if you have a malpractice case. Not always.
In this brief post, we’ll provide some basic information on when a medical malpractice lawyer is more likely to take your case.
Negligence is the Basis for Injury Cases
The most important question to ask yourself is this: was my doctor (or nurse, pharmacist, etc.) negligent? In other words, would another doctor in a similar position have acted in the same way? Remember, doctors and nurses are human. They make mistakes from time to time. Not all of these mistakes fall under the legal definition of negligence.
Examples of Negligence with Medications
So, what would negligence look like when it comes to an adverse drug reaction? Here are some examples.
- Patient mix-up. Suppose you were given another patient’s medication and suffered the effects. Perhaps steps to verify your identification and prescription were bypassed.
- Wrong prescription. An incorrect prescription could be the fault of the doctor – perhaps he or she failed to note your medical history or other current medications. However, a wrong prescription could also be the fault of the pharmacist.
- Misdiagnosis. If a doctor has misdiagnosed your condition, you could not only be harmed from taking the wrong medicines, but also miss out on taking the medicines you need for recovery.
- Failure to warn. Doctors must warn about potential risks for medications they are prescribing so patients can make informed decisions about their health.
- Defective medications or medical devices. In some cases, a manufacturer could be held liable if they knew their product could harm patients.
Of course, these are just a few examples. Every case is unique, which is why it’s a good idea to call an injury lawyer who handles medical malpractice cases.
How a Lawyer Can Help
Here’s one more thing you should know: medical malpractice cases are very difficult to win. Be prepared for the doctor to come to the table with aggressive legal representation. After all, this is why they pay big bucks for medical malpractice insurance.
You should be represented, too. Call a lawyer from our team and ask for a free, no obligation consultation about what happened. The good news is that if we accept your case, you pay nothing upfront. We’ll only charge you a fee if we’re able to win you a case.
Please call us today. We’d be happy to see if we can help.