Medication Errors

When doctors, pharmacists, or nurses fail to take adequate care in prescribing or administering a medication, the results can be devastating to a patient. The medical malpractice attorneys at the Law Offices of Robert Dixon help Miami residents and others who have been harmed by the negligence of health care professionals. When their level of care falls below proper standards, they should be held liable for the damages that result. Our firm represents injured individuals throughout South Florida, including in Miami-Dade, Broward and Palm Beach Counties.

The Food and Drug Administration has reported that medication errors lead to approximately 7,000 fatalities and hundreds of thousands of injuries each year. Medication errors occur when a doctor, nurse, pharmacist, or other health care provider fails to take proper care in administering, prescribing, or distributing a medication. Mistakes may be caused by a variety of situations, including:

• Prescribing the wrong medication;
• Dispensing the wrong medication;
• Administering the incorrect dosage of a medication;
• Failing to obtain correct information regarding drug allergies;
• Failing to provide a correct consultation regarding a medication or explain potential side effects; or
• Mislabeling drugs.

Many medication errors could be prevented if medical or pharmaceutical staff were paying proper attention. When these professionals fail to adhere to the appropriate standards, and injury or death results, victims may hold them liable for their actions in a medical malpractice claim.

If you have been injured by an incorrect dosage, administration, or prescription of medication, you may be able to pursue a claim for negligence against those responsible. To show negligence in a suit for medical malpractice, the injured person must prove that he or she was owed a duty of care by the defendant, the duty was breached by the defendant’s failure to exercise proper care, the breach was a proximate cause of the harm suffered, and damages resulted that can be quantified with reasonable accuracy.

In Florida, medical care providers must act as carefully as a similarly trained and qualified medical professional in good standing would act in a similar geographical area under similar circumstances. Expert testimony from another doctor, nurse, or health care provider is usually necessary to define this standard and explain how the defendant’s actions failed to meet it. Damages available to an individual injured by a medication error may include past and future medical expenses, loss of earning capacity, lost wages, and pain and suffering. If a mistake in administering or prescribing a medication leads to a loved one’s death, certain family members may file an action for wrongful death to seek damages for burial or funeral costs as well as loss of consortium and other damages related to their relationship with the victim. Timing is important when it comes to filing medical malpractice claims, since pursuant to the statute of limitations in Florida, a suit must be filed within two years of the date of injury.

If you have been hurt or lost a loved one in the Miami area due to a medication error, the injury lawyers at the Law Offices of Robert Dixon can help you assert your legal rights and try to hold those responsible liable for their careless actions. Call 877.499.4878 or contact us online to schedule a free, no-obligation consultation about your claim.