Many individuals take at least one prescription medication daily, and others are prescribed prescription medication when they are sick or sustain an injury. We trust our doctors and healthcare providers to prescribe the correct medication. However, what happens when a doctor prescribes the wrong medication?
If this is the case, you may want to consider filing a medical malpractice lawsuit against them for prescribing the wrong medication. You could be entitled to compensation for your injuries and damages.
However, claims for the wrong prescription medication can be challenging to prove. Here are some things you should consider before filing a lawsuit.
Who Is Responsible for Injuries Caused by an Incorrect Medication Prescription?
The first step is determining who you can sue for medical malpractice when given the wrong prescription medication. Depending on the factors involved in your case, you may be able to sue:
- Doctors, specialists, and other medical providers
- Nurses and nurse practitioners
- Hospitals and medical facilities
- Pharmacies and pharmacists
- Nursing homes and other long-term care facilities
Any party giving you the wrong prescription could be liable for damages. However, you must identify the parties before you file a medical malpractice lawsuit.
What Evidence Is Required to Prove a Wrong Prescription Medical Malpractice Claim?
You must prove by a preponderance of the evidence all the elements of a medical malpractice to recover damages, which are:
- The defendant owed you a professional duty of care.
- The defendant breached the duty of care.
- The breach of duty was the cause of your injury or harm.
- You sustained losses due to receiving the wrong prescription medication.
In cases involving a wrong prescription, the doctor has a duty of care to prescribe the correct medication. This includes reviewing your medical history and current medications to check for potential allergies or harmful drug interactions before issuing a new prescription.
What Kinds of Damages Are Available for a Medical Malpractice Lawsuit?
Injuries caused by prescribing the wrong medication can result in economic and non-economic damages. Economic damages compensate you for expenses and financial losses incurred because of the malpractice. Examples of monetary damages include:
- The cost of medical treatment related to the injuries and harm caused by the medication error
- Loss of income and employment benefits if you are out of work
- Out-of-pocket expenses for travel to doctor’s appointments, household services, and personal care
- Rehabilitative therapies, including physical and occupational therapy
Non-economic damages represent the pain and suffering you have experienced because of the doctor’s malpractice. These damages include emotional distress and mental anguish.
The amount you receive for damages depends on the factors involved in your case. An experienced medical malpractice lawyer can work with financial professionals, medical specialists, and other experts to accurately value present and future damages.
Seek Prompt Legal Advice to File a Medical Malpractice Lawsuit for a Wrong Prescription
Georgia’s statute of limitations for most medical malpractice lawsuits is two years from the date of the injury. However, exceptions could change the deadline in some cases. It is always best to seek legal advice as soon as you suspect you may have been harmed because you have been prescribed the wrong medication.
Two years seems like a long time to file a lawsuit. However, medical malpractice claims are complex. An attorney must complete an extensive investigation to gather evidence proving your claim, including hiring expert witnesses to testify on your behalf.
You can discuss your legal options with an Atlanta medical malpractice lawyer.
Contact the Atlanta Medical Malpractice Law Firm of Malone Law Medical Malpractice and Severe Injury Lawyers for Help Today
If you or a close one have suffered from medical malpractice in Atlanta, Georgia, please call Malone Law Medical Malpractice and Severe Injury Lawyers at (770) 390-7550 or contact us online to schedule a free case evaluation today.
We proudly serve in Fulton County.
Malone Law Medical Malpractice and Severe Injury Lawyers
2 Ravinia Dr NE Suite 300
Atlanta, GA 30346