How to Know if a Prescription Error is Malpractice?

Malpractice cases always hinge on a determination that negligence was involved in the accident that caused harm to another person. There are mistakes that are not considered to be negligence, and defining the difference between the two takes a careful investigation into the situation that led to the prescription error itself.

As the victim of a prescription error, you probably feel like it should be obvious who was to blame for the accident which harmed your health, but the situation can be complicated because there are so many people who are involved in the prescription process. 

If you have been injured due to a prescription error, here are some things that you should know.

What is Prescription Error?

This kind of error occurs when the wrong medicine, the wrong dosage, or the wrong instructions are given to a patient. This can lead to significant harm, and even death. While these kinds of accidents are not common, human error or a lack of attention and care leads to patient injury every year.

These errors might stem from the doctor’s office writing the wrong prescription information down when the medications are ordered, or it can be the result of a lack of care at the pharmacy itself. Drug interactions, allergic reactions and other patient-specific factors can be missed in some cases by the pharmacist, or the person filling the request.

How to Prove Malpractice?

There are four factors that must be considered when trying to establish malpractice. These factors will all need to be present in malpractice cases.

1. Medical relationship: This is the evidence that the individual that you are suing was actual responsible for your care.
2. Proof of negligence: This is the proof that there was a lack of care that was invested in the actions that led to the incorrect prescription being filled for you. This is an area that you will need expert assistance to make sure that an investigation is completed properly.
3. Proof that the negligence caused harm: This is another place where expert help is required to make sure that your case is handled properly. You will need to be able to show the link between your injuries and the medication that was given to you by the pharmacy. This can sometimes be more difficult than you might expect.
4. Proof that specific damages are related to the malpractice: These damages might be medical bills related to your accident, lost wages, and pain and suffering. Your lawyer will be able to assess which damages you are seeking are related to the malpractice investigation.

Seeking Damages for Pharmacy Malpractice 

Seeking damages for pharmacy malpractice is easy with the right legal team on your side. At Kennedy Law Firm, we know how much damage pharmacy malpractice can do to your health, your ability to work, and your future. Let us help you to seek the compensation that you are due related to your pharmacy malpractice injury.

Contact us today to set up a consultation.