The vast majority of people may hear the term “medical malpractice” and dismiss it. They may equate it to surgeries or a misdiagnosis. Because they assume the likelihood of ever facing either issue is minor, medical malpractice is something they may never deal with. But what if it wasn’t? Whereas 15 million people may undergo some level of surgery (which is still a significant number), over 114 million people use prescription medication. That’s about 66% of the US population.
Doctors who prescribe the wrong medications can find themselves at the center of a medical malpractice lawsuit. Not only are you putting something in your body that you shouldn’t, but two relatively benign drugs can combine and create a potentially dangerous situation. Suppose you have allergies and a doctor prescribes you a sedative to sleep. In that case, your ability to react to situations could be hindered—especially if the doctor didn’t know what other medications you were taking or didn’t explain the side effects.
Before going over how prescription medications can be a source of medical malpractice, it is essential to establish what it is. Medical malpractice is when your doctor fails to meet a standard of care—which is the generally accepted treatment a physician should follow when facing a patient’s illness. For example, if a group of 100 doctors learned about a patient who just received a cancer diagnosis, the vast majority would recommend similar treatment plans. Something that falls outside of that could be viewed as failing to meet the standard of care.
Regardless of the reason behind your medical malpractice lawsuit, your attorney will prove that the standard of care was not met.
An important element to remember is that your doctor has to be the person who commits the error for it to fall under medical malpractice. That is a crucial distinction because you may receive the wrong medication or instructions from the pharmacist, which is not something you can hold your doctor accountable for. Additionally, your attorney will have to show how you have lost time and money, were harmed, or endured pain and suffering due to the error. Here are ways in which receiving the wrong medication could trigger those examples:
- You were prescribed the wrong medication
- The dose was incorrect
- You were told to take the medication for an inappropriate amount of time
- You were not told about the potential adverse side effects of the drug
- The medication you received makes another condition you have worse
The Law Offices of Jason E. Taylor
After being the victim of medical malpractice, you deserve more than just an attorney; you need a legal team. That is what you receive when you choose to work with The Law Offices of Jason Taylor. Contact us today to schedule a consultation.