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New York City Medical Malpractice Law Blog

Can I File a Medical Malpractice Lawsuit Over Prescribed Medication?

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Monday, July 17, 2017.

Doctor Prescribing.jpg

Doctor Prescribing.jpg

Countless patients depend on prescription medications, but they are often accompanied by serious side effects. Medical professionals need to make sure that a prescription is written, filled, and administered properly. If this is not done, it could result in serious harm to a patient and consequently lead to a medical malpractice lawsuit over prescribed medication.

Prescribed medications, as almost any advertisement will inform you, often have pretty significant side effects. If a health care provider fails to disclose or consider these side effects properly or makes an error in the prescription process, it can form the basis of a viable medical malpractice lawsuit. According to a John Hopkins study, more than 250,000 deaths a year in the United States are caused by medical error.

Prescription Medications and the Duty of Health Care Providers

A "side effect" is basically a symptom that does not have any relation to the condition for which the patient is taking the medication. Some of the more serious side effects of prescription drugs include suicidal thoughts, depression, organ damage, and even death.

When health care providers prescribe medications, it is their legal duty to assess:

· The medication's relative risks and benefits in light of the overall health of the patient

· The prescription's relation to other medications that the patient may be taking

· The known side effects of the medication

When pharmacists dispense prescription drugs, it is critical they read the doctor's prescription correctly and make sure that the correct medication is filled in the properly-described dosage.

Lastly, when prescribed medications are administered via an injection in a hospital setting or doctor's office, the nurses and other health care providers must make sure that the correct medication is administered in the proper dosage, following the medically accepted protocol.

Failure to perform these duties can result in a medical malpractice lawsuit over prescribed medication.

Medical Malpractice Lawsuit over Prescribed Medication

If a doctor, nurse or pharmacist fails to comply with the duties that are mentioned above, you can file a medical malpractice lawsuit over prescribed medication. But in order to do so, you must prove certain elements.

· You must establish that any medication you took was done so in strict accordance with the doctor's instructions.

· If your claim is based on the theory that your doctor failed to warn you about side effects, you must show that your health care provider did not advise you properly of the side effects or any other complication that you are experiencing now.

· If your claim is based on a nurse's wrongful administration, you will need to establish that the nurse did not administer the medication properly or that they injected the wrong medication.

An All Star Level Law Firm

If you or a loved one is suffering side effects or complications due to a doctor or other medical professional's medication error, then you should immediately file a medical malpractice lawsuit over prescribed medication. You should seek the help of a profound and judicious medical malpractice attorney to protect your rights and obtain compensation for damages.

If you or a loved one you know in New York has suffered as a result of wrongly prescribed medication, you should immediately seek the help of the counsel of one of the many medical malpractice attorneys at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280.

If your case is viable we will carry this legal torch for you until the end of a settlement or a verdict. This means a medical expert will have to back up your case and we know which ones to call. We want to hear what you have to say! You do not have a case unless a medical expert backs up your claim. Let's evaluate your case, let's hear your side of the story.

We only win if you win. RMFW Law does not charge you anything up front and we only take a percentage at the end. We have won millions of dollars for past clients, you too can be on this amazing list. Call RMFW Law now!

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The case involved negligent care on the part of the hospital pediatric intensive care unit for failing to observe bleeding from a simple biopsy wound which caused neurological damage.

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