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  • $30.1 Million NYC - Medical Malpractice Case
  • $15 Million Manhattan - Medical Malpractice Case
  • $3 Million Queens - Wrongful Death Case
  • $5.5 Million Bronx - Birth Injury Accident
  • $7.75 Million NYC - Medical Malpractice Case
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New York City Medical Malpractice Law Blog

FAQs About Medication Errors and Medical Malpractice

By Rosenberg, Minc, Falkoff & Wolff, LLP. posted in Medical Malpractice on Thursday, September 07, 2017.



According to the Institute of Medicine, as many as 98,000 lives in the United States are claimed by all types of medical errors each year. Up to 7,000 of these deaths are caused by ADEs, or Adverse Drug Events, from medication errors.

At least 1.5 million preventable ADEs occur each year in the country. Medical errors, such as medication errors, are one of the leading causes of death in the US, giving rise to medical malpractice lawsuits.

Common Questions about Medication Errors

Q: What are the most common types of medication errors?

A: Prescribing errors are one of the most common types of medication errors. Some common examples of prescribing errors include the following:

· Prescribing the wrong medication for a patient's condition

· Failure to monitor patients while they are taking prescribed medications

· Failure to notice obvious signs of adverse effects in patients

· Failure to account for the other medical conditions of a patient when prescribing medications

· Prescribing wrong doses of the medication

· Providing wrong instructions on how frequently a patient should take the prescribed medication

Q: Who is responsible for medication errors?

A: The party that is responsible or liable for medication errors will depend on the nature of the error in question. However, some of the parties who are generally liable for these errors include either, or a combination of, the following:

· Doctors who may make a mistake when prescribing medications

· Doctor's assistants or nurses who may fail to update patient charts properly or may mark the wrong dosage

· Pharmacists and/or pharmaceutical staff who may misinterpret or misread prescription orders

Q: What is the value of medication error malpractice cases?

A: The worth of any medication error malpractice case cannot be determined without reviewing the facts of the case first. The truth is that the value of medical malpractice lawsuits related to medical errors will vary depending on several specifics and factors, some of which may include:

· The nature of the error or errors

· The severity of the injuries resulting from the medication error - injuries that are more severe generally lead to higher values

· Whether the patient will suffer permanent injuries

· Whether the party liable for the error has a history of medical negligence

Q: What qualifies legally as a "medication"?

A: Along with prescription, over-the-counter and sample drugs, there are a few other drugs that are legally considered to be "medications" include:

· IV solutions

· Vaccines

· Blood derivatives

· Respiratory treatments

· Contrast agents - like the ones used for MRIs to diagnose certain conditions

· Herbal remedies, vitamins and any other product that the US Food and Drug Administration (FDA) designated as a drug

Get Legal Help for Medication Errors

If you or a loved one has been injured as a result of a medication error, you should immediately seek the help of a stellar and golden medical malpractice attorney at Rosenberg, Minc, Falkoff, & Wolff of RMFW Law at 212 697 9280. You can make sure that your rights are protected and that you file a medical malpractice lawsuit against the negligent party to recover compensation for damages.

Call RMFW Law today! We know how to win these types of cases - we do this for a living. Now there is not any guarantees since we have to find a medical expert to back up your claim. It does not matter how strong you feel your case is, do not assume anything. Call us and let's get started on this.

We charge you nothing up front. RMFW Law wins only if you win!


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$7,750,000 Recovery Due to Negligent Care in NYC Pediatric Intensive Care Unit

Our client, a 5-year-old patient, receives almost $8 million in compensation from an NYC hospital in a medical malpractice claim won by Rosenberg, Minc, Falkoff & Wolf. Representing the injured child with his team of legal and medical experts, Daniel Minc said, "It was great day for the family."

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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