Prescription Error Attorney

Damages in Medication Malpractice Lawsuits

Medical malpractice lawsuits are all too common nationwide. When you first think about what that means, emergency room or operating room mistakes often first come to mind. However, there are many people who are also injured due to medication negligence or malpractice.

Mistakes made regarding medications are serious and can have serious consequences including permanent health issues, suffering and pain, and wrongful death, especially if they are left untreated. They also contribute to longer hospital stays, higher health care expenses, and needless patient deaths.

The real quandary for consumers is that there are a chain of people who can be responsible for prescribing the wrong medication including a nurse, physician, or pharmacist. This can also include a wrong dosage or inaccurate instructions for taking the medication. If there is a lack of patient safety protocols or negligence at any place along this chain of people, then Texas law allows for the person who is injured to file a personal injury lawsuit against the responsible parties.

The National Coordinating Council for Medication Error and Prevention (NCCMERP) defines medical error as any preventable event that may lead to inappropriate use of medicines while the medication is in the control of the health care provider and the patient.

What Damages Can I Recover?

In these cases, the patient is allowed to recover the appropriate compensation for the following damages: 

  • Lost wages if employment is interrupted
  • Medical expenses for the needed treatment
  • Damages for physical pain and mental anguish
  • Compensation for physical impairment or disfigurement
  • Wrongful death due to over-medication or medication negligence during surgery
  • Punitive damages

What Should Be Done if the Wrong Medication is Give to a Patient?

If you or a family member have suffered any type of prescription error injury that you believe might be grounds for a medical malpractice lawsuit, the first thing to do is to save the medications, including the bottles, labels, prescriptions, and sales receipts related to the issue. If you don’t save them, it will be very hard to prove your case.

If you are unsure if your problem falls under medication negligence in Texas, first contact your pharmacy and keep a record of the call and make notes about your conversation with the pharmacist. Be aware that the pharmacy has policies and procedures in place to protect their rights once a mistake is made. The pharmacists and their staff are trained to obtain immediate possession of the misfiled prescription. So, hold onto your evidence to protect your ability to prove that the pharmacy made a mistake.

Next, contact a prescription error attorney. Our personal injury attorneys at The Law Office of Matthew Shrum are here to represent people who have suffered from incorrect medications. We will inform your doctor of what happened and guide you on your first legal steps.

If you have been involved in a prescription error personal injury, contact our prescription error attorney at The Law Office of Matthew Shrum in Austin now!

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