Pursuing Pharmacy Malpractice Claims in New Mexico
Medication mistakes can lead to catastrophic complications including stroke, brain damage, organ failure, and many other serious health problems. We place a great deal of trust in the hands of pharmacists and those medical professionals who write our prescriptions. It is essential that the greatest care is practiced when these medications are being prescribed, prepared, and dispensed.
It is unfortunate that pharmacy and prescription errors still occur. When they do, the legal consequences can be devastating. James Wood Law has been fighting for the victims of medical malpractice for over a decade and a half. Our Las Cruces pharmacy error attorneys are available to help you get the compensation and medical attention you need so that you can focus on recovering.
A medication error occurs when a healthcare provider makes a mistake in prescribing, dispensing, or administering medication. These errors can happen at any stage of the medication process, including diagnosis, prescription, and delivery. While some medication errors may result in minor side effects, others can lead to severe injury, prolonged illness, or even death.
Medication errors are preventable mistakes that can happen in hospitals, nursing homes, pharmacies, and even at home under the supervision of a healthcare provider. Common causes include lack of communication between healthcare providers, misunderstandings about drug interactions, and failure to consider patient allergies or other conditions.
Common Types of Medication Errors
Medication errors take many forms, each of which can have a serious impact on the patient. Some of the most common types of medication errors include:
Wrong Medication: Administering the wrong medication is one of the most dangerous types of errors. This can occur when the healthcare provider prescribes a drug that is not appropriate for the patient's condition or the pharmacy dispenses the wrong medication. Taking the wrong medication can lead to adverse reactions, worsening of the medical condition, or even fatal complications.
Incorrect Dosage: Errors in dosage are another common type of medication mistake. This occurs when a patient is given too much or too little of a prescribed drug. An overdose can result in severe side effects, toxicity, or death, while an underdose may render the treatment ineffective and allow the illness to progress unchecked.
Medication Interaction: Patients who are on multiple medications are at risk for dangerous drug interactions. Healthcare providers are responsible for reviewing a patient's medication list to ensure that prescribed drugs do not interact negatively. Failure to do so can lead to serious health problems, including heart failure, internal bleeding, or other life-threatening conditions.
Failure to Account for Allergies: Allergies to certain medications or ingredients in medications can have dire consequences if not properly considered. A healthcare provider must review a patient’s medical history and note any known allergies before prescribing or administering medication. Failure to do so can lead to allergic reactions, which may range from mild symptoms like hives to life-threatening conditions like anaphylaxis.
Administration Errors: Even when the correct medication is prescribed, mistakes can still occur during the administration process. This includes giving the medication at the wrong time, using the wrong route (e.g., intravenous instead of oral), or administering it to the wrong patient. These errors can cause harmful side effects or reduce the effectiveness of the treatment.
Labeling and Packaging Mistakes: Medication packaging and labeling play a crucial role in ensuring patient safety. Mistakes in labeling, such as incorrect dosages, wrong instructions, or mislabeled medications, can lead to confusion and harmful errors. Pharmaceutical companies may be liable for improper labeling or packaging that contributes to a medication error.
Who is Liable for a Medication Error?
Determining liability in a medication error case can be complex, as multiple parties may be involved in the process. At James Wood Law, our experienced Las Cruces medication error lawyers will conduct a thorough investigation to identify all responsible parties.
Potentially liable parties include:
Doctors and Physicians: Doctors are responsible for prescribing medication based on a proper diagnosis and thorough review of the patient's medical history. If a doctor prescribes the wrong medication or fails to account for allergies, medical conditions, or drug interactions, they may be held liable for the resulting harm.
Pharmacists: Pharmacists are tasked with dispensing the correct medication and providing patients with clear instructions for use. If a pharmacist fills a prescription incorrectly, dispenses the wrong medication, or fails to warn about potential side effects or interactions, they could be liable for any harm caused.
Hospitals and Healthcare Facilities: Healthcare facilities, including hospitals and nursing homes, can be held responsible for medication errors that occur due to poor communication, inadequate staffing, or failure to properly train staff on medication administration protocols. Institutional negligence can result in widespread medication errors, putting patients at risk.
Nurses and Other Healthcare Providers: Nurses and other healthcare professionals who administer medication are responsible for ensuring that they follow the doctor’s orders precisely. If a nurse administers the wrong dose or gives the medication at the wrong time, they may be liable for any harm caused.
Pharmaceutical Companies: Pharmaceutical companies can be held liable for errors related to drug manufacturing, labeling, and packaging. If a medication is mislabeled or contains harmful contaminants, the manufacturer could be at fault for any injuries or deaths caused by the medication.
Damages Available in a Medication Error Claim
Victims of medication errors may be entitled to compensation for the physical, emotional, and financial losses they have suffered. The types of damages available in a medication error claim include:
Medical expenses: This includes the cost of additional medical treatment, hospital stays, surgeries, medications, and rehabilitation needed to address the harm caused by the error.
Lost wages: If the injury caused you to miss work or lose earning capacity, you may be entitled to compensation for lost wages.
Pain and suffering: Medication errors can lead to significant physical and emotional distress. Compensation for pain and suffering accounts for the mental anguish and physical discomfort caused by the error.
Wrongful death: If a medication error leads to the death of a loved one, surviving family members may be able to pursue a wrongful death claim to recover funeral expenses, loss of companionship, and other related damages.
Contact usat (888) 579-3866 to book a free consultation with our Las Cruces medication error attorney today.
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