Medication Errors While in the Hospital: How a Skilled Attorney Can Help You Build a Medical Malpractice Claim

When you go to the hospital, you expect to receive care that meets a certain standard. All too often, however, medical negligence can result in serious harm. One of the most common problems patients face when dealing with medical malpractice is medication errors.

Medication errors in healthcare can result in life-altering consequences that could leave you with astronomical expenses. To have a chance to recover your losses, you can file a claim with the help of a medical malpractice attorney.

The Seriousness of Medication Errors in Hospitals

Medication errors are the most common and avoidable mistakes that harm patients. If you take the wrong prescription or dosage, you not only don’t receive the necessary treatment for your condition but are also put at risk of suffering side effects from getting the wrong medications.

Medication errors often cause interactions with other drugs. This can have unexpected results, with some interactions increasing or decreasing the effects of both drugs.

Who Could Be Liable for a Hospital Medication Error?

Liability will rest on whoever made the error. If a doctor prescribes the wrong medication, then they will be responsible for the losses you sustained. Whether the hospital is also liable will depend on whether the physician is an employee or an independent contractor.

Even if the doctor is an independent contractor, however, the hospital could still be included in the claim. The facility has a responsibility to offer staff privileges only to competent doctors.

Medical malpractice claims regarding nursing medication errors or those that occur at hospital pharmacies when filling out a prescription do typically involve the hospital because these people are employees.

Key Evidence Needed to Prove a Medication Error Case

To prove that you were harmed by a medication error, you will need your medical records. These will offer a look into your medical history, along with any other treatments you’ve received. The records will demonstrate what you were prescribed as well as the adverse effects it had.

If the error was made at the pharmacy, logs can be important evidence, too. The same applies if a nurse obtained a medication from an automated dispensing cabinet. Finally, an expert medical witness can provide their informed opinion, explaining why your healthcare provider did not meet the standard of care and how the error has affected your health.

What Damages Can You Recover?

You can recover economic and non-economic damages in a medication error case. Economic damages cover financial losses, including lost wages and medical expenses you sustained because of the error.

When there are medical errors as a cause of death, you can also claim funeral costs associated with laying a loved one to rest. Finally, non-economic damages cover intangible losses, such as the pain and distress you experienced because of the error.

How a Skilled Attorney Can Help

A medical malpractice attorney has the experience necessary to gather vital evidence. They will have contacts among medical professionals, which makes it easier to connect with a medical expert who can provide the affidavit of merit you need to begin a malpractice case.

You can expect significant pushback from hospital insurance providers, so you need a lawyer who won’t give up the fight for fair compensation. Your lawyer should also be prepared to take the case to court, if needed.

FAQ

How Long Do I Have to File a Medication Error Case?

Typically, you have three years to file a medical malpractice case in South Carolina, beginning either from the date the error happened or the date you noticed that you’d suffered harm.

Do I Need a Lawyer to File a Medical Malpractice Claim?

You will probably find it difficult to pursue your claim without the help of an experienced medical malpractice attorney. A lawyer can handle your case for you, starting with obtaining an affidavit of merit.

Who Is Liable for a Hospital Medication Error?

It depends on who made the error. Liable parties can include doctors, nurses, pharmacists, and the hospital itself.

Contact Experienced South Carolina Lawyers

If you have suffered harm because of a medication error, you may be entitled to file a claim for compensation. At Clore Law, our team has years of experience helping people throughout South Carolina with medical malpractice claims. Contact us to schedule a free consultation with a personal injury lawyer.