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Medication errors: Is it medical malpractice?

It is incumbent upon doctors to disclose potential side effects or risks associated with medication. Just like warnings on over-the-counter medication labels, the consumer has the right to be informed about the risks of prescription medications.

What happens when something goes wrong after taking a prescription medication? Is the doctor liable?

Determining if you have malpractice lawsuit

If your doctor prescribed the wrong medication, misdiagnosed your condition or told you to take medications that are dangerous when combined, it might be worthwhile to pursue legal options. All of these could constitute a deviation from the required standard of care, which means the doctor could be liable for your injuries.

In order to have a medical negligence lawsuit, you have to be able to prove that the doctor was negligent and the his/her negligence caused you harm. In terms of prescriptions, experiencing one of the many possible side effects is an expected part of taking medication. However, if your symptoms or issues extend beyond simple side effects or the doctor or pharmacist made preventable error, you may have a negligence case.

The Food & Drug Administration also sets standards when it comes to labeling and dispensing medications. In some instances, the manufacturer may be to blame for mislabeling or incorrectly communicating important information about medications.

Prescription drug addiction

Addiction to prescription drugs has become a significant issue recently. Across the country people are becoming addicted to painkillers, and far too many people have died because of their addictions.

Who is liable in these situations? It is a difficult question, but one that is worth discussing with an attorney. Addiction could play a role in determining if a doctor was negligent in prescribing a painkiller.

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