Practice Areas Medical Malpractice Medication Errors

Boca Raton Attorneys Assisting Patients Harmed by Negligent Health Care Providers

Doctors routinely prescribe medications to treat and prevent a variety of conditions. Before issuing a prescription, a doctor must evaluate a patient’s symptoms and medical history to determine the medication and dosage that will be most beneficial for the patient. When an appropriately prescribed medication is taken as directed, it can greatly improve a person’s health. Conversely, when a medication is prescribed or administered incorrectly, it can cause great harm to the person whom it was intended to help. If you sustained an illness or injury due to a medication error, you should meet with a trusted attorney to explore your legal options. The experienced Boca Raton medication error lawyers at The Grife Law Firm can fight for your right to compensation.

Common Medication Errors

A medication error often occurs when a doctor fails to obtain or review a patient’s medical history thoroughly and prescribes a drug that is contraindicated due to another medication, an allergy, or a health condition, resulting in an adverse reaction. Medication errors also frequently occur when doctors prescribe the incorrect dosage of appropriate medication. If the dosage is too low, it may be ineffective, but if it is too high, it can cause extreme side effects. Moreover, a doctor may commit an error by failing to advise a patient of the potential side effects of taking a medication, which may lead to an injury. A failure to prescribe a drug in a timely manner may also be considered a medication error. Even if a doctor appropriately prescribes a medication, an error may nonetheless occur if the medication is improperly administered in a nursing home or hospital, or improperly disbursed by a pharmacist.

Lawsuits Arising Out of Medication Errors

A medication error attorney in Boca Raton can help a patient pursue a medical malpractice claim against the physician or other care provider who caused his or her harm. In most cases, the plaintiff will allege that the error was a result of negligence. Under Florida law, a plaintiff asserting that a medical provider is liable for negligence must establish that the provider had a duty to adhere to a standard of care, but the provider breached the duty. In cases arising out of medication errors, the duty owed is the duty to provide care commensurate with the care that a provider in the same field or specialty would have provided under a similar set of facts. Patients pursuing medical malpractice claims will likely need to engage an expert to establish the standard of care and the way in which the acts or omissions of the provider constituted a breach. The plaintiff must then show that the breach proximately caused the harm alleged. Put another way, the plaintiff must show that he or she would not have suffered damages if the provider had not breached the standard of care. Lastly, the plaintiff must prove that he or she sustained actual damages.

Damages Recoverable for Harm Caused by Medication Errors

The harm caused by medication errors can be costly to treat, and it can cause mental and emotional suffering as well. Therefore, a Boca Raton medication error attorney may be able to help people injured by medication errors recover both economic and non-economic damages. Florida Statute 766.202(3) defines economic damages as the financial losses that were caused by the plaintiff’s injury, which include medical expenses, lost wages, and loss of earning capacity. Non-economic damages, which are defined by Florida Statute 766.202(8), constitute the non-financial harm caused by the injury, including mental anguish, pain and suffering, and inconvenience.