Medical mistakes involving prescription medications are a major concern in the healthcare industry. There is tremendous pressure on medical professionals to ensure that they are prescribing, administering, and filling the right medications. However, errors still occur, and these can have serious consequences for patients. Knowing your rights can help ensure you receive compensation if you are harmed due to medical negligence related to incorrect prescriptions. If you’re in this position and need help, contact us to schedule a free consultation with our Albuquerque medication errors lawyers.
What Are Medication Errors?
Medication errors refer to any event that could lead to inaccurate medication use or patient harm while the medication is in the hands of a healthcare provider, patient, or consumer. These events are usually preventable and have the potential to cause serious medical consequences. They can range from administering incorrect doses of drugs to prescribing the wrong medications altogether.
Liability in Albuquerque Medication Error Claims
Medication errors are all too common in the healthcare industry, and they can have devastating consequences for patients. In some cases, these mistakes may even lead to death. In the United States, 7,000 to 9,000 people die each year due to medication error. As such, it is important to know who can be held accountable when medication errors occur.
When it comes to medication errors, liability can rest with a variety of people or entities, including the following:
Doctors Who Prescribed the Wrong Drug
One of the most common sources of prescription errors is doctors who prescribe the wrong drug. This type of mistake can occur due to medical misdiagnosis, doctor fatigue, failure to review medical records, and other issues.
When this happens, the doctor who wrote the prescription may be held liable for any resulting damages.
Pharmacists Who Filled the Wrong Prescription
In addition to doctors making mistakes with prescriptions, pharmacists can also play a role in incorrect prescriptions being filled and administered. Pharmacists must make sure that they accurately fill prescriptions according to what was decided on by doctors or nurses, and double-check that they are giving out the right medication in appropriate dosages before handing them over to patients.
In some cases, pharmacists may also be held liable for failing to warn patients about potential side effects associated with medications they are taking.
Drug Companies That Didn’t Appropriately Warn People About Side Effects
Drug companies have an important responsibility when it comes to ensuring that their products are safe to use and properly labeled with necessary warnings about potential side effects or interactions with other medications patients are taking.
If drug companies fail to adequately warn people about these risks, they may be held liable for any resulting harm caused by their products. In Albuquerque, this includes both personal injuries as well as psychological trauma caused by taking drugs without knowing all the possible risks or side effects.
Nurses Who Write Incorrect Drug Names
Nurses also play an important role in preventing prescription errors from occurring by double-checking orders written by physicians and pharmacists, and verifying that all medications given to patients are accurate and appropriate for their needs.
In New Mexico, if nurses make mistakes while writing down drug names in a patient file or when communicating information verbally, a medication errors attorney could be held liable if those mistakes result in patient harm.
Types of Compensation for Medication Errors
When filing a lawsuit for medical errors, which is a subset of medical malpractice, there are three primary types of compensation that you may be entitled to receive:
Economic damages are intended to cover the financial losses associated with the injury caused by the medication error. This could include lost wages from time off work, medical bills incurred from additional treatments or therapies related to the injury, and any other expenses related to the incident.
Non-economic damages are intended to cover any mental anguish or physical pain caused by the injury as well as other losses, such as loss of consortium (the loss of companionship) or disfigurement resulting from the injury.
Punitive damages are intended as punishment for particularly egregious actions that result in an injury and are awarded as a way to punish the defendant and deter similar behavior in the future.
Damage Caps in Albuquerque Medication Error Claims
In New Mexico, there are damage caps that limit the amount of money that can be recovered in certain types of cases. Understanding these damage caps is important if you are considering filing a lawsuit.
The cap on non-economic damages in a medical malpractice claim is $750,000 per occurrence as of 2023. This cap also relates to certain economic damages, such as lost wages.
However, it is important to note that there is no damage cap on medical expenses, and the medical expenses are not included in the calculation of the $750,000.
Why Trust Davis Kelin Law Firm With Your Albuquerque Medication Error Case
At Davis Kelin Law Firm, we strive to provide our clients with the highest level of service and legal representation. Here’s why our clients choose us over other firms:
Once we accept a case, we have the ability to focus our energy and resources on those clients without the distraction of having too many cases. We are very selective when deciding which cases to accept.
We will visit an injured person at their home or the hospital if necessary. We would never want you to miss out on a meeting because you aren’t feeling well enough to travel to us.
In addition to helping you obtain compensation, our goal is to ensure that you feel empowered to take a stand, and no longer feel like the victim. Our knowledgeable medication errors lawyers will help guide you through this difficult process so you can find closure knowing your rights have been properly defended.
We recognize that this can be a traumatic experience for most people, which is why we make sure to provide compassionate and understanding guidance through each step of your case. For help with an Albuquerque medication error claim, contact us today to schedule a free consultation.
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