Raleigh Medication Error Lawyer
Medications can make all the difference in a patient’s quality of life, prognosis, and health outcome. They can also be the source of great harm, illness, and death if doctors or pharmacies make critical medication errors. If you believe someone’s mistake led to you or a loved one getting the wrong medication or dosage, contact Riddle & Brantley to discuss your options. Our Raleigh medical malpractice attorneys want to help you bring negligent healthcare parties to justice.
Common Medication Errors
Everyone involved in creating, prescribing, delivering, and administering patient medications must go about their jobs with extreme care. They must be prudent and reasonably skillful in everything that they do. Physicians and nurses must be especially careful when prescribing and administering medications to patients. What might seem like a simple mix-up could be life or death for the patient involved. Common medication errors that can lead to lawsuits include:
- Prescribed wrong medication
- Prescribed wrong dosage
- Failed to prevent an adverse drug reaction
- Improperly labeled containers
- Lack of vital information on carton labeling
- Negligent prescription filling processes
- Misread doctor’s prescription
- Confusing prescriptions or patients
- Over- or under-distributing medications
Medication mistakes can happen at the drug manufacturer, the prescribing physician, the pharmacy, or the nurse level. It may take an investigation to find out exactly who is responsible for your medication mistake. It could be a combination of parties, such as a drug manufacturer and a negligent physician. It is possible to file a claim against an entire hospital, nursing home, or practice for a medication error.
Requirements for Filing a Medication-Based Claim
North Carolina legislators have strict requirements for patients wishing to file medical malpractice claims. Aside from adhering to all other personal injury claim laws, plaintiffs must also fulfill a few extra requirements:
- Deadline for filing. An injured patient has three years from date the medication error occurred, or one year from the date of discovering injuries, to file a malpractice claim. If filing a wrongful death claim, the plaintiff has two years from the date of death.
- Affidavit requirement. All medical malpractice plaintiffs must submit sworn affidavits stating that expert medical witnesses acknowledge the truth behind their claims.
- Elevated burden of proof. If your medication mistake occurred in a Raleigh emergency room, you must prove malpractice with “clear and convincing evidence” rather than a preponderance of evidence. ER claims come with higher burdens of proof.
Proving that a physician, hospital, nurse, or other entity is legally responsible for your medication error and resultant damages can be difficult. Hiring an attorney to stand by your side during settlement negotiations can make the legal process much easier on you and your family.
Your Raleigh Medication Error Attorneys
Riddle & Brantley commits to providing exceptional client care. Our lawyers offer personal and professional services to help clients get the most out of their claims. We have years of experience successfully representing clients in all types of medical malpractice lawsuits, including those involving preventable medication errors.
If a reasonably skilled and careful doctor would have prescribed you the correct medication or gotten the patient/dosage right, your physician might be guilty of malpractice. Note, however, that you must also have suffered compensable damages to have the elements of a lawsuit. This can include additional medical bills, as well as physical injuries, illnesses, or pain and suffering. Find out if you have grounds for a case during a free legal consultation. Contact our Raleigh personal injury attorneys today.