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Prescription Drug Errors

When a doctor or healthcare provider prescribes a medication, you trust their advice, because you believe they rely on their experience to make the smartest, most conscious decision about your prescription. What if they make a mistake? Healthcare professionals have the ethical and moral responsibility to prescribe the most appropriate medications and double-check their work to avoid potential sickening or fatal errors. If you suspect a prescription drug error led to a severe injury or your loved one’s death, consult with a legal counsel immediately.

Lawyer for Prescription Drug Errors in Miami, FL

If your injury or loved one’s death came as a result of a prescription drug error, you may have grounds to file a medical negligence lawsuit. The doctors and pharmacists have a duty of care owed to the patient and must follow standard protocols to make sure there are no errors.

A prescription drug error can put a person’s life at risk, so it should not be taken lightly. Our attorneys at Abrams Justice Trial Attorneys are experienced litigators familiar with medical malpractice laws stemming from negligence. We will not settle on the first offer but fight aggressively to recover your most favorable outcome.

We work with clients in the cities of Miami, Homestead, Doral, Cutler Bay, Miami Gardens, and more. Call 305-709-0880 to schedule a consultation.

Prescription Drug Errors Information Center

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What are Prescription Drug Errors?

According to the National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP), a medication error is stated as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer. Such events may be related to professional practice, health care products, procedures, and systems, including prescribing, order communication, product labeling, dispensing, distribution, administration, education, monitoring, and use.”

Medication errors are a severe issue in the United States, with the FDA citing more than 100,000 cases of medication errors in the U.S. every year. Serious side effects resulting from a medication error include life-threatening conditions, severe injury or defect, and death. Those patients suffering specific conditions such as diabetes or cardiovascular disease are also at -risk for a prescription drug errors due to their high intake of medications.

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Medical Malpractice Lawsuit

In a lawsuit for prescription drug errors, a medical negligence lawsuit is likely to be brought up. Healthcare professionals must act per their professional experience and ethical guidelines to provide the most recommendable dose of medication for patients. When prescribing a medication, a healthcare professional has the duty of care to explain the reasoning behind the medication and its proper instructions and any potential side-effects to be aware of.

Medical negligence may be attributed to the healthcare professional or facility prescribing or dispensing the medication to the patient. Pharmacists can also form part of a medical malpractice lawsuit. The doctor may have provided the right prescription information, but the pharmacy or pharmacist failed to dispense the proper medications. Moreover, in Florida, the statute of limitations requires that a medical malpractice lawsuit be brought up within two years of the action for professional malpractice.

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Product Liability Lawsuit  

A product liability case for prescription drug errors works like any other product liability case where negligence has been found in either the design, manufacturing, selling or labeling of a product. The FDA reviews each medication and its labeling distributed out to patients in healthcare facilities. The FDA provides a list of recalls and can send back a product to the pharmaceutical company if it does not meet its requirements. A lawsuit for product liability must be filed within two years, according to Florida’s statute of limitations.

Recovery for damages arising out a product liability or medical malpractice lawsuit can include:

  1. Healthcare costs
  2. Funeral costs (in case of wrongful death)
  3. Loss of income
  4. Exemplary Damages (in case of gross negligence)

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Additional Resources

Mayo Clinic | Medication Error Tips – The Mayo Clinic Staff provides tips for patients taking prescription medicine to prevent medication errors. Some of the critical advice includes speaking to the healthcare professional to have clear communication on the medication instructions. Other information consists of a tracking schedule of medicine, asking questions whenever in doubt.

Institute for Safe Medication Practices (ISMP) | Medication Safety Alerts – The Institute for Safe Medication Practices (ISMP) has provided different medication safe alerts systems available for the public’s view. Within those are the FDA’s available database for medications, the ISMP’s system for reporting, and the National Alert Network (NAN) created by the National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP). Within those systems, any recall or advisory on a medication can also become available.

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Miami-Dade County Attorney for Prescription Drug Errors

A prescription drug error endangers the patient’s lives. If you lost a loved one or suffered a severe injury as a result of a prescription drug error, you can consult with a personal injury attorney to consider filing for medical malpractice or product liability lawsuit.

Severe injuries can result in high healthcare costs and time off of work, which can gravely affect your economic situation. You should not have to face the outcome of a prescription drug error on your own. At Abrams Justice, we represent those injured by medical negligence. We can meet with you and explore your legal options.

We work with clients in the Miami-Dade County and Broward County area. You can reach us at Abrams Justice Trial Attorney’s by calling (305) 709-0880.