Our office has been contacted many times by individuals who have received the wrong prescription. They want to know if they have a claim because of errors with medications. Medication errors in and of itself does not constitute a medical malpractice claim. That means that you’ve received deviation or you’ve experienced a deviation from the standard of care but if you never took the prescription or if no damages occurred then you would spend money on experts and recover nothing. Unless you’ve received or experienced some sort of physical damage as a result of taking the wrong prescription, then you wouldn’t have a claim for medical negligence.
Preventable Errors with Medications
Tampa Medical Malpractice Attorney Betsey Herd knows errors come during the prescribing process as well as in the writing of prescriptions. Any step in filling a prescription can generate errors, and many of these errors are preventable. Sources of errors include:
- Poor handwriting on prescriptions
- Similar-sounding names of prescription drugs
- Confusion about correct dosage amounts and instructions
- Confusing labeling and package content on both over-the-counter and prescription drugs
- Use of abbreviations
Our clients benefit from Betsey Herd’s former profession in healthcare management and current career as a skilled Tampa Medical Malpractice Attorney. She tenaciously defends your rights against negligence from:
- drug manufacturers
- The pharmacy
- The prescribing physician
- The pharmacist in hospital or pharmacy
If a doctor prescribes the wrong medication or dosage, you may have a claim. If you never took the prescription or if no physical damages occurred, then you would end up spending money on experts and recover nothing. If you think a doctor has prescribed you the wrong medication or dosage, confront the doctor immediately. Your concern at this point is your health, not a malpractice suit.
In the State of Florida, you can’t jump right away into filing a medical malpractice suit. You have to go through a pre-suit process, during which time your attorney will gather all relevant medical records and send these to an expert for independent review. This expert will provide an affidavit, which your attorney will send via certified mail to the medical provider. That medical provider will have 90 days to consult with an attorney and malpractice carrier, and at the end of that period must either admit or deny the claim. If the medical provider denies your claim, your attorney will file a lawsuit.
We hope you reach out to us immediately if you have been a victim of errors with medications. Please contact our experienced Tampa Medical Malpractice Lawyers today if you would like to get started getting the help you deserve in seeking justice for your case.