A wrong prescription lawsuit is a medical malpractice claim that a victim brings against a negligent doctor or pharmacist. But how exactly do these lawsuits work and what should you know about medical malpractice claims? Here are the most frequent questions people have about filing these suits in Florida.
Can I file a lawsuit for being given an incorrect prescription medication?
Unfortunately, receiving the incorrect medication or being prescribed the wrong dosage is a widespread problem in the United States. On the other hand, most cases do not rise to the level of medical malpractice.
To file a lawsuit for receiving the wrong medication, you must have suffered an injury due to that mistake. If there is no harm done to you or a loved one because of a wrong prescription, then the mistake does not reach the level of medical malpractice.
How does a prescription error lawsuit usually occur?
There are several situations where you or a relative may consider bringing forward a medical negligence lawsuit. They often include one or more of the following events:
- Your doctor prescribes the incorrect medication for your needs.
- Your doctor prescribes the correct medication with an incorrect dosage, strength, or duration.
- Your pharmacist gives you another patient’s prescription or fills your prescription with the wrong medication.
- Your pharmacist provides the incorrect dosage, strength, or drug mixture for your specific illness or condition.
- Your doctor and pharmacist incorrectly explain how to safely use a medication they prescribe.
It is important to note that these situations can occur without meeting the level of medical malpractice. If you do not suffer an illness or die, or your condition does not become worse because of the medical mistake, you cannot file a lawsuit. This is because you are not suffering any damages and therefore have nothing to recover from your lawsuit.
What are some situations where receiving a wrong prescription is considered medical malpractice?
As was previously stated, there are several situations where receiving a wrong prescription becomes medical malpractice. If any of the above five situations occur and that is to blame for an injury or death, then those mistakes reach the level of medical malpractice.
Some common signs that you have the right to file a lawsuit include:
- Experiencing a serious medical complication because of the incorrect medication error.
- Having an accident that causes physical injury as a direct result of the incorrect prescription.
- Requiring surgery or hospitalization because of the medication error.
- Developing a disability or having a relative pass due to the wrong prescription.
How can I prove my wrong prescription lawsuit case?
Wrong prescription medical malpractice suits usually require you to prove three things:
- That a physician, pharmacist, or medical professional provided you with an incorrect prescription or failed to provide accurate instructions.
- Because of this medical professional’s error or negligence, you suffered an injury, or your existing condition worsened.
- That this injury or condition led to specific damages, such as death, pain, or suffering.
Who do I sue if I suspect medical malpractice?
Medical malpractice suits often involve more than one party. It can include:
- Doctors, nurses, and hospitals.
- Pharmacists and pharmacies.
- And even those that manufacture, produce, or distribute the medication.
Because more than one person can ultimately be liable for your injuries or a relative’s death, it is important that you work with an attorney if you suspect medical malpractice.
Should I be aware of specific time limits to file my lawsuit?
Every state, including Florida, has its own time limit to file. You call this deadline the “statute of limitations” and in Florida medical malpractice claims, it is two years. Because it can take time to collect evidence and negotiate a settlement, you should file a lawsuit as soon as you suspect medical malpractice.
What should my next steps be?
Once you know more about filing a wrong prescription lawsuit, it is time to act. If you or a family member is suffering due to medical negligence contact Lytal, Reiter, Smith, Ivey & Fronrath today. Medical malpractice in Florida is a complex area of the law. Our wrong prescription attorneys will inform you of your rights and start investigating your case.
Schedule your free case evaluation from attorneys with experience proving medical malpractice in court. Visit our contact page, speak with a live representative on our home page, or call us by phone at (561) 655-1990. But do not delay, as there is a time limit for bringing forward medical malpractice lawsuits. Contact us now!
No matter where you are, one of our offices can help.
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