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Who Takes Responsibility for Medication Mistakes?

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Who Takes Responsibility for Medication Mistakes?

medical-errorMedical Malpractice Overview

Medical malpractice is something that you might not hear too much about, but it is unfortunately common. Taking the wrong medication can lead to a broad range of different symptoms and side effects. In the worst circumstances, medical malpractice can cost a patient his or her life.

How Do These Mistakes Happen?

One patient could receive the medication that was initially prescribed for a different patient because their records were somehow mixed in with one another. Dosage instructions are often provided to each patient based on their condition and their weight. Someone who is much heavier could likely handle a larger dosage of certain medications. If a person takes the wrong dosage because the instructions were not correct, they could unintentionally overdose on the medication that was prescribed to them.

 

Aside from incorrect dosage instructions, prescription containers might have the wrong label on them, which is something that can happen directly at the pharmacy. Although taking the wrong dosage might not seem like a huge deal, it could become a major problem when someone is depending on their medication to stay healthy.

 

The Safety of Certain Medications

 

Not all prescription medications are ideal for everyone. A drug that is used to treat one ailment could cause major problems when taken by someone else who does not have that ailment or condition. There are even prescription drugs that can cause some serious reactions. Physicians must remember to take allergies into consideration because some people are allergic to certain types of medication, such as penicillin. When prescribing medications that can cause severe side effects, the physicians should explain those side effects to the patient in detail. Pharmacists should do the same when handing the prescription medication over to the patient.

 

Legal Situations

 

While most professionals working in the medical industry mean no harm and want the best for their patients, they can make unintentional mistakes that cause harm to their patients. If rules are not followed or if mistakes are made that cause a patient to suffer, that patient can file a lawsuit against the medical professionals because of the medical negligence. These individuals will likely want to seek some sort of compensation for everything they have experienced.

 

Figuring Out Who Is Responsible

 

Before a patient takes the medication, they will often meet with different physicians and nurses. Because there are several medical staff members involved in the process, it is important to figure out who is responsible for the medication mistake. For example, a nurse may have accidentally mixed up a patient’s records and would then be held responsible. The physician might be considered negligent if he or she prescribed medication to a patient without reviewing the patient’s medical history.

 

Receiving Compensation

 

The patient could file a lawsuit against the negligent party to receive compensation because of the wrongdoing and the pain and suffering that came along with it. The negligent person or people would likely need to provide compensation to the patient. The amount of compensation would depend primarily on the situation. If nothing happened but the patient did take the wrong medication, the negligent person might need to pay for the correct medication. If something more severe happened, such as adverse side effects, the negligent person would likely need to provide compensation for the suffering and loss of wages.

 

Before receiving compensation, a patient must be able to provide proof of the negligence. It is necessary to carefully examine the medical records of the patient to determine what went wrong. Medical experts can help with these types of cases by determining if proper protocol was followed or not.

 

Contact A Medical Malpractice Attorney For A Consultation About Your Malpractice Case In New Jersey

 

Were you or a loved one injured due to  medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield attorneys at Andres & Berger, P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Haddonfield, Cherry Hill, Voorhees and Marlton. Call us today at 856-795-1444 or fill out our online contact form to schedule a consultation. Our main office is located at 264 Kings Highway East, Haddonfield, NJ 08033.

 

The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.

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