When you visit a doctor, take a prescribed medication or stay in a hospital, you trust that you are receiving the best possible care. Yet medical malpractice, or when a health care provider fails to meet the required standard of care, is a well-documented issue. One alarming example of malpractice is medication errors.
If you or a loved one was harmed due to a medication error in Albuquerque, schedule a free consultation about your case with a Albuquerque medical malpractice attorney at The Fine Law Firm. We will carefully review your case to determine if it has merit and give you legal advice moving forward.
What Is a Medication Error?
A medication error refers to a mistake made at any point in the process of administering a drug or medicine to a patient. If a health care professional such as a doctor or nurse, a pharmacy, a hospital, or a nursing home makes an error while prescribing, dispensing or administering medications, it can cause the patient significant harm. Medication errors can be caused by many factors, including careless health care workers, miscommunications, disorganization and system failures.
Common Types of Medication Errors
Medications save lives and are critical for the care of millions of patients. However, they have the potential to be extremely dangerous if taken incorrectly. Just one mistake could compromise the health and safety of a vulnerable patient.
Examples of dangerous medication mistakes are:
- Prescribing the incorrect medication or dosage
- Administering the wrong medication
- Administering the wrong dosage
- Mislabeling drugs
- Giving a drug to the incorrect patient
- Administering a medication at the wrong time
- Failing to prevent harmful drug interactions or allergic reactions
- Failing to accurately document a patient’s medication regime
- Inadequate monitoring of a patient after medication administration
Careless errors by those responsible for getting a drug to a patient can have serious consequences. Administering too much, too little or the wrong kind of drug can interrupt a patient’s treatment plan, cause major health complications and even be fatal.
The Consequences of Medication Errors
Medication errors can cause serious harm to the patient involved. These mistakes are a significant safety concern in health care settings such as hospitals, pharmacies and nursing homes.
A medication mistake can cause many serious problems, including:
- Severe injury or illness
- Adverse drug interaction
- Allergic reaction
- Additional treatment
- Hospitalization
- Negative health outcome
- Overdose
- Coma
- Death
The patient who receives the incorrect medication or dosage is ingesting something that has not been approved by his or her doctor. In addition, the patient is not receiving the correct medication needed to treat his or her medical condition. These mistakes can have deadly repercussions.
When Is a Medication Error in Albuquerque Medical Malpractice?
When a person is hurt due to a medication error, he or she may have the right to file a medical malpractice claim against the at-fault party. This right will depend on the circumstances and whether the error reasonably should have been prevented.
To have grounds to file a medical malpractice claim in New Mexico, there must be evidence of the following elements:
- The defendant or accused party owed the plaintiff or victim a duty of care, such as the professional duty that all health care providers owe their patients.
- The defendant breached or violated the duty of care through an act or omission that a reasonably prudent party would not have committed in the same circumstances.
- The defendant’s breach of duty was the proximate or actual cause of the harmful medication mistake.
- The medication error resulted in real damages to the plaintiff, such as physical injury or illness, additional medical expenses, disability, pain and suffering, or death.
These are the four elements of negligence, which is the legal foundation for most personal injury claims. The evidence must show that the defendant is more likely than not guilty of malpractice or another tort or act of wrongdoing that resulted in the plaintiff’s harm.
Proving Negligence in an Albuquerque Medication Error Case
In a medical malpractice claim, the plaintiff has the burden of proof. This means the patient must demonstrate that the health care provider acted negligently and did not abide by the medical industry’s standard of care.
Establishing negligence in a medication error case may require evidence such as:
- Testimony from a qualified medical expert
- Medical records and documentation
- Copies of the original prescription
- Patient monitoring records
- Medication administration policies
- Employee training documents
- Statements from eyewitnesses
- Medication packaging or labeling
- Proof of damages suffered
Preventing medication errors is possible with proper communication, education, training and health care systems. If a preventable error results in physical harm, emotional distress or financial losses, the victim has the right to pursue justice.
Compensation for a Medication Error in Albuquerque
A medication error claim in Albuquerque could lead to financial compensation for various damages you have suffered. No amount of money is enough to make up for serious harm inflicted by a medication mistake, but collecting fair compensation can make it easier for you to pay for related costs and move forward.
A legal claim could lead to the recovery of the following damages:
- Past and future treatments required because of the mistake
- Lost wages from being unable to perform the tasks of your job
- Lost capacity to earn if you suffered a short-term or long-term disability
- Pain, suffering, emotional distress and mental anguish
- Wrongful death damages, if you lost a loved one due to a fatal medication error
A medical malpractice lawyer in Albuquerque will understand how greatly an act of medical negligence has impacted you. Your lawyer will accurately evaluate how much your case is worth and use proven legal strategies to fight for a fair settlement. If a settlement cannot be reached, your attorney can take your case to trial.
How an Albuquerque Medication Error Attorney Can Help
It is important to seek justice for a medication error in Albuquerque. The negligent or at-fault party deserves to be held accountable. Taking legal action can lead to the compensation that you deserve and protect other patients from the same risk in the future.
Discuss whether you have grounds to file a medication error case with an experienced medical malpractice lawyer at The Fine Law Firm. Call us at (505) 889-3463 or contact us online to arrange a free case consultation with a lawyer in Albuquerque.