Given that they are one of the most common medical mistakes that healthcare providers make, medication errors have the potential to occur in every step of the process of receiving and taking a medication. Your doctor must prescribe the right dose based on your weight and specific needs, a pharmacist will verify the dose and dispense the medication, and if you are in a medical facility, a nurse would administer it to you. At each step in this process, the potential for error is ever-present.
While some medication errors might not have any consequences, other errors can be serious or even fatal, which is why legal representation from a knowledgeable medical malpractice attorney could be so critical if you suffer harm due to such a mistake. An established Troy medication error lawyer may be able to determine where in the process the medication error occurred and work to seek justice for your damages.
Typical Types of Medication Errors
Medication errors can be caused by several different factors. According to QJM: An International Journal of Medicine, they can be categorized as one or more of the following types:
- Knowledge-based – for instance, a provider may be unaware of certain drug interactions or even patient drug allergies
- Rule-based – prescribing oral medication to a patient who cannot swallow is one example of a rule-based error
- Action-based – could occur when a doctor becomes distracted and writes a prescription or an order for the wrong medication.
- Technical – with more medication orders being written digitally, the chance of technical errors is declining but can still happen—for instance, if a medical secretary who cannot read a drug order inputs the wrong drug into the computer for the pharmacy to fill
- Memory-based – forgetting to specify a maximum daily dose for an “as required” drug or forgetting to educate the patient on a food interaction with their prescription are both memory-based errors
A Troy medication error lawyer may be able to help find out how an individual victim’s medication error happened based on this information. Although there is no excuse for a medication error, having a dedicated attorney may help establish liability in a medication error case.
What is the Statute of Limitations for Medication Error Cases?
As found in New York Civil Practice Law & Rules §214-a, patients who suffer damages from a medication error have a time limit of two years and six months to file their case in court. Known as the statute of limitations, this law helps lawsuits to be based off more recent—and therefore usually more accurate—information.
If a medication error victim was a minor at the time of the error, the statute of limitations does not begin until their 18th birthday. However, the law limits the total amount of time between the error and the filing to ten years in these cases. Medication error lawyers in Troy may be able to help potential plaintiffs understand how the statute of limitations applies to their situation.
Consult with a Troy Medication Error Attorney
All medical staff, even the ones behind the scenes, have a duty to provide you with the best care possible. When they fail to do so, they may have breached that duty—and when a breach leads to injuries and damages, they may be found guilty of negligence.
When a medication error occurs, you may have to change your plans, your job, and your lifestyle. You may also have increased medical bills, lost wages, and even pain and suffering. To help you recover from these damages, a seasoned Troy medication error lawyer may be able to pursue a financial award on your behalf. Consult with a skilled attorney today to learn more about the legal services available to you in Troy.