Miami Medication Errors Attorney
Representing Victims of Serious Medication Errors in Miami
When you are sick, hurt, or suffering from a disease or medical condition and you are given a prescription for a medication, or administered a medication at a medical facility, you rightfully expect the medication to help you. Unfortunately, medication does not always improve a patient’s condition, and in some cases, it may even worsen it to the point of serious harm or death.
When a medication error is made that leaves you or a loved one harmed, you may have no idea that you have the right to seek damages from the responsible party. At the law offices of Dolan Dobrinsky Rosenblum Bluestein, LLP, we can help you to understand what your legal options are following a medication error, including the process for filing a claim and recovering compensation.
Common Types of Medication Errors
Regrettably, medication errors are much more common than they should be in Florida. The following lists some of the most common types of medication errors, such as–
- Improper dosage of medication;
- Improper type of medication;
- Improper and dangerous combination of drugs;
- Improper administration of medication;
- Improper labeling of medication; and
- Improper use of medication.
Causes of Medication Errors and Determining Liability
Medication errors almost always occur as a result of negligence and a failure to exercise the proper duty of care owed to a patient. For example, a medication error may occur because of a patient chart mix-up, a medication mix up, the failure to learn what other medications a patient is taking, a misdiagnosis of a condition, an equipment error, working too quickly, and more. The parties that may be held liable for a medication error include:
1. Doctors and Nurses
Doctors and nurses have a very high duty of care to patients, and must always treat patients within the accepted medical standard of care. When doctors and nurses stray from this, and breach the duty owed to a patient, they can be held liable. For example, if a nurse fails to document the medications a patient is taking, and the patient is given a medication that is dangerous (based on other drugs currently used), the nurse could be held liable.
Pharmacists also have a high duty of care, and because they are responsible for filling prescriptions, they can be held liable for errors that cause patient harm. For example, if the pharmacist fills a prescription with the wrong dosage of medication, and the patient suffers an adverse event, the pharmacist could be held liable for harm.
Hospitals may be held liable when hospital practices contribute to patient harm. Hospitals may also be held liable when the employee healthcare workers who act with negligence, causing a medication error and subsequent adverse patient event. Hospitals are often liable via the theory of vicarious liability.
4. Manufactures of Medications
Manufacturers of medications may also be held liable for medication errors when the manufacturer is to blame for a defect that leads to patient harm, such as a labeling error that fails to list appropriate side effects of a drug, or warnings for certain persons, such as women who are pregnant or nursing.
Those Harmed by Medication Errors Deserve Compensation for Their Losses
The harm caused by a medication error can be very significant, leading to adverse patient events such as allergic reaction, heart failure, amongst other things, including death. Not only are these adverse events traumatic for a patient to experience, but they can also lead to a worsening of their health condition, the need for medical care (which may be both expensive and invasive), and a longer recovery time, during which the patient may be disabled and in pain. When a medication error causing these types of harm occur, the patient (or their surviving family members if the error results in death) has the right to seek compensation for the full extent of their losses. This includes compensation for:
- Medical expenses present and future;
- Pain and suffering;
- Disability; and
- Lost wages and future lost wages.
If the error results in death, funeral and burial expenses, and compensation for loss of guidance, companionship, and more may also be sought.
Symptoms of Medication Errors
The Institute of Medicine estimates that the cost of treating medication-related injuries that occurred in U.S. hospitals alone tops $3.5 billion annually. The cost can be even higher for patients and their families.
Examples of medication errors include prescriptions that fail to account for known drug allergies or cross-interactions with incompatible medications, serious side effects from wrong medications, deprival of the right drugs, and adverse reaction to a super-charged dose. Some of the serious injuries that can result from medication errors include:
- Brain injury/neurological damage;
- Organ failure/organ damage;
- Sensory damage;
- Cardiac arrest;
- Disfiguring skin eruptions; and
At Dolan Dobrinsky Rosenblum Bluestein, LLP in Miami, our lawyers consult with life care planners, economists, medical experts, vocational specialists, and other professionals in assessing the true cost of a medication error. Those costs include lost earnings, future medical and nursing care, and the cost of medical equipment. Additionally, any settlement or award must cover personal damages for lost quality of life, family contributions, and pain and suffering.
Our Miami attorneys will work to ensure you receive justice if the negligence of a doctor, pharmacist, or hospital in south or central Florida has wrought havoc on your life. Call today at 305-371-2692 or 800-610-9491 for a free case evaluation. We visit clients at home or in the hospital and take medication error cases on a contingency fee basis.
Our Legal Representation Is Within Your Budget
Do not hesitate to contact our experienced medication error attorneys serving Miami and clients in South Florida – the time limit on the statute of limitations for your claim is quickly approaching. We understand that before hiring a Miami medication error attorney, you want to make sure that legal services are something that you can afford – we assure you that when you hire our law firm, our representation is within your budget. Our clients never owe us a cent unless we recover on their behalf, and when we do, our fee is based on a percentage of a settlement, not an hourly charge. You can rest assured that if we are not successful in pursuing your case and getting a settlement, you will not be charged for our services.
Schedule Your Consultation Today
The best way to start the process and to learn more about how to file a claim against a healthcare practitioner or another liable party after a medication error is to contact our law firm directly by phone or online to schedule a free consultation. A consultation is 100 percent free, confidential, and is offered without any obligation to hire our law firm at its conclusion.
We Have Experience Litigating
We work hard to settle the majority of the cases we take on out of court. Settling cases out of court saves you money and time, and is typically the preferred manner of reaching a settlement for both plaintiffs and defendants. However, when a settlement cannot be reached, we will be prepared to go to court for you, and have the litigation experience your case deserves.
Trusting Words From Our Clients
“I have used Manuel Dobrinsky and he is more than excellent. Great communication. More than effective. It was a fantastic support for me having him during my process. Also I can say the best Lawyer I ever had.”J. Cordero
“I was not able to get anyone on the west coast of Florida to look at my case. Manny Dobrinsky took my case and won a settlement for me. He was very thorough and worked hard for me. His assistant Dameris was always there to help me and answer my questions. I was very pleased with this group.”Susan Curtis
“I endorse this lawyer's work. Manny is one of the brightest trial attorneys that I know. He is an incredibly hard worker and always strives to achieve the best results for his clients. He excels in the Courtroom as well. I would recommend him without reservation.”A. Weinstein
“The very best there is! Great, talented lawyers, considerate, your best at heart, true human beings.”Y. Garcia