When a doctor prescribes us a medication, we take them at their word that it will not cause us further harm. However, the reality is that doctors make mistakes all the time. It is far too often that a medication will be improperly prescribed, and this can lead to disaster. If you have been harmed by a medication that you were prescribed as a mistake, you may have a valid medical malpractice claim.
Generally speaking, doctors can be found liable in a medical malpractice case if they personally were responsible for a mistake that harmed their patient. This means the mistake must have been the doctors own, not a mistake by the drug manufacturer or the pharmacy. It is worth noting that you can still pursue legal action against any part of the drug manufacturing chain if their negligence caused you harm, not just doctors or medical professionals.
In order to prove liability in a medical malpractice case, you need to establish what the standard of care should be expected from a doctor in your situation, how the doctor failed to meet this standard, and that their failure was the cause of your harm. This last part is important, as it means that the improper prescription must have caused measurable harm. The mistake alone is not enough to build a medical malpractice case on.
Of course, every case is different. The details of your situation and the doctors mistake will determine what the outcome of the case will be at the end of the day. The best thing you can do for your improper prescription case is contact an experienced attorney such as the Personal Injury Attorney Atlanta GA locals trust, in your area. An attorney with skill and a good track record will be able to analyze your case and see what would be the best path for you.
You should also be sure to contact an attorney as soon as you are aware of your injuries. Medical malpractice cases are subject to a statute of limitations, which are very strict deadlines for filing a case. If you wait for too long, you may lose your ability to make a claim. How far out that deadline is depends on the laws of your state, but there is no reason to wait and find out. Get in touch with an attorney immediately, and start your case to make sure that the injuries and damages you suffered are not yours alone to bear.
A special thank you to our partners at Andrew R. Lynch P.C. for their extensive insight into Personal Injury and Medical Malpractice.