Four Reasons You Have A Medication Error Medical Malpractice Case

Law Blog

While medical malpractice can involve anything from a misdiagnosis and treatment to a wrongful death due to surgery that was not followed through properly, you could also have a case revolving medication error. The medication you are prescribed by a doctor should not cause any major problems. If so, then you may have a medical malpractice case on your hands. Here are four specific reasons this may be:

1. Wrong Prescription Type: When your doctor writes you a prescription for medication, it should be the proper dosage amount and the right medication needed to treat your specific ailments. This medication should also work effectively alongside other medications you are currently taking. If your doctor did not check what other medications you are taking, then they failed their duty of care to ensure that what they prescribe you is not harmful to your current state of health. 
2. Direct Cause by Doctor: You won't have a medical malpractice case on your hands if you were not taking the prescription as it was prescribed. For example, if you skipped days or you took more than was written to on the prescription, then this is not a direct cause of fault by your doctor. In order to directly cause the problem, your doctor must have prescribed you something that, had they not had a breach of duty, would've known if it wouldn't work for you. 
3. There are Damages: Of course, there is no reason to follow through with a medical malpractice case if there are no damages to claim compensation for. Damages must have occurred, such as an illness that has caused you pain and suffering, missed time from work, or other economic or mental damages. If you aren't sure whether or not you have a case, it's best to speak about your situation with a medical malpractice lawyer. 
4. Failure to Warn of Side Effects: Finally, there must be proof that your doctor warned you of side effects. Otherwise, if you suffer from side effects you weren't prepared to handle, then you might have a medical malpractice case on your hands. Your doctor must warn you to ensure that you are prepared to handle anything, such as vomiting, confusion, and more. 

When you know these four specific reasons you might have a case, you will know when you should talk to a medical malpractice lawyer after having taken any kind of prescription that didn't treat you in the way you believed it would've. You can also visit websites like https://www.shayandassociates.com/.

30 October 2017