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NYC Prescription Error Lawyers

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Medical malpractice occurs when a patient is harmed by a healthcare professional who provides substandard medical care. The medical healthcare professional may fail to provide some kind of treatment or act in a way another provider wouldn’t in the same circumstances. Within the broad category of medical malpractice is prescription errors. Prescription errors involve a patient being harmed by a healthcare profession who provides substandard medical care making some kind of medicine error.

Did you receive the wrong prescription medicine by your doctor? Did your loved one’s healthcare administer the wrong medication causing an injury or their death? Contact us immediately. The use of prescription drugs is common in New York. Doctors and pharmacists have a legal duty to you and/or your loved one to ensure the right medication is give. Let us help you receive the money you deserve.

What’s a Prescription Drug Error?
Prescription drug is one another broad category. It encompasses many types of harm that can occur when a medical professional is incompetent in their duties. Prescription drug errors include:
• Prescribing a harmful medication
• Administering a patient the wrong medication
• Mislabeling the medication
• Administering a patient the wrong dosage. This may be too little or too much prescription medication.
• Failing to warn a patient of the common side effects of the prescribed medication
• Prescribing a patient medication that causes a negative interaction with the other medication they’re taking

Prescription Error vs. Pharmacy Error
Prescription and pharmacy errors may result in medical malpractice claims. The terms are sometimes used interchangeably. The main difference between prescription and pharmacy errors is pharmacy errors typically occur at a pharmacy instead of at a doctor’s office. A prescription error can happen at a hospital pharmacy. Some types of pharmacy errors that can occur are:
• Wrong warning label
• Prescription given to the wrong person
• The wrong instructions are given with the correct medication
• The wrong medication is given to someone
• The pharmacist overlooks the risk of a drug negatively interacting with another drug a person is prescribed

What is administering the Wrong Medication or Dosage?
Administering or prescribing the wrong medication typically occurs with nurses and physicians. They may make a mistake about what mediation should be prescribed to treat a symptom. They can even give a patient the wrong dosage. A doctor or nurse may administer the right medication, but in the wrong place. Some drugs are supposed to be injected into a patient’s muscles. Other medications are supposed to be injected into a patient’s bloodstream. Failure to administer the right or wrong medication is a prescription drug error.

What is Failure to Warn of Side Effects?
Failure to warn of side effects happens when a medical provider who prescribes medication doesn’t tell a patient about important side effects. For example, many high blood pressure medications won’t work properly if a patient consumes grapefruit. These common side effects can cause serious harm. That’s why a healthcare provider, whether a doctor or pharmacist, has a duty to warn about possible side effects.

Prescribing Harmful Medication
Although the word “prescribing” is used in this type of prescription drug error, it’s typically the mistake of the pharmacist. A pharmacist is the gatekeeper of the medication. It’s their job to keep track of what medications a patient is taking and their allergies. They have this responsibility to prevent a patient from sustaining a serious injury from a drug interaction or allergic reaction.

Are you a victim of pharmacy or prescription error? You took prescription medication to get better, not suffer a devastating injury. We are your legal advocates. We are ready to fight on your behalf to get you the money to cover you medical injuries and other expenses.

New York Law Regarding Medical Malpractice involving Prescription Errors
In New York, anyone who wants to sue because they’ve been injured by a prescription error has two years and six months to do so. The state doesn’t have any cap on the damages a plaintiff can receive if there’s a settlement of verdict in their favor.

A plaintiff can receive one of three type of damages in New York:
• Economic Damages: This is all costs related to the injury from additional medical bills to lost wages.
• Noneconomic Damages: This money about is for things like pain and suffering.
• Punitive Damages: This is given only when the court wants to punish the defendant because their mistake was so negligent or reckless. It can be for any amount.
A plaintiff does have the option to sue all parties involved or just one. This is called joint and several liability. According to the law, defendants are jointly liable for all harm done to a plaintiff. For example, a patient who was given the wrong medication may file a lawsuit against the hospital, nurse and doctor.

The plaintiff can also sue one defendant. For example, the plaintiff may sue the hospital where the prescription error happened. It’s up to the hospital to then sue the doctor and/or nurse who gave the wrong dosage to get some of their money back.

The only exception is with noneconomic damages. New York limits joint and several liability in noneconomic damages. A plaintiff can only go after all defendants if their fault is 50 percent or less.

How Do You Know Your Injury is a Prescription Drug Medical Malpractice Case?
Some injuries suffered because a prescription error aren’t medical malpractice claims. New York makes a plaintiff prove they actually sustained an injury in a series of steps:
• There was a patient-medical professional relationship between plaintiff and defendant
• The defendant had a legal duty to the plaintiff to avoid harming the plaintiff
• The defendant did breach, or violate, that legal duty by making the prescription error and the plaintiff was injured. This breach of duty ranges from giving the wrong medication, mislabeling or failing to warn of the side effects.
• The plaintiff sustained an injury that led to damages. These damages include economic and noneconomic damages.
• A plaintiff’s attorney must prove each step in a medical malpractice claim to successful win or settle a case

We are Your Legal Advocates in Your Prescription Drug Error Claim
Your healthcare professional made a mistake with your prescription drugs. That “mistake” caused you to suffer serious injuries. The injuries caused time from work, additional medical expenses and other costs. If your loved one died from a prescription error, you’ve suffered multiple emotional blows. You’re missing your loved one. You had to pay for funeral and other expenses. Contact immediately. We’re ready to give peace of mind by fighting those who caused your injury.

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NYC

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Suffolk County

Suffolk County

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18667759504