Modern medicine, and specifically medications, have revolutionized the healthcare field and profession. Every day thousands of people rely on medications to help control and regulate health conditions and to fight infections.
However, while medications can greatly increase your quality of life, if your doctor fails to prescribe a medication it can result in serious injuries and even death.
When a doctor, nurse, or pharmacists fail to provide a critical medication, they may be held liable for their negligence and failure to follow applicable standards of care. Contact a West Palm Beach failure to provide a critical medication lawyer to discuss your legal options and rights. Skilled malpractice attorneys can help you best understand your case.
Prescription Drug Errors
A vast majority of people have been prescribed a medication at some point in their life. In addition, modern medications are also used extensively in emergency medical situations.
While medications have become a part of many people’s daily lives, if a doctor fails to prescribe or to provide medication it can result in serious injury and even death. However, patients and their families often wonder how a medication error such as failing to provide a medication occurs.
According to the American Hospital Association, there are many causes for medication errors including:
- Doctors not having ready access to patient information
- Miscommunication of drug orders
- Mislabeled Packaging
- Incomplete or missing drug information
- Improperly stored medication
Most if not all medication errors and cases where a patient is not provided the proper medication can be avoided when the proper procedures and protocols are followed. However, it is often difficult to determine exactly why a doctor did not provide the proper medication in a time of crisis.
Liability in Medication Error Cases
When a patient does not receive the proper medication it can result in serious complications. However, it is not always clear where an error occurred in a patient’s care. Liability in a medical error case can result from a doctor forgetting to order a medication, a nurse failing to administer a medication, or even a pharmacist failing to fill a prescription in a timely manner.
However, anytime a person is under the care and supervision of a medical team they are owed a certain duty of care. In any case where a person has been injured because they did not receive the proper medication, they will be required to prove the following elements:
- Duty – Doctors, nurses, pharmacists, and other medical professionals all have an obligation towards their patients to act as a qualified professional in a similar circumstance
- Breach of Duty – When a member of a person’s healthcare team fails to meet the standard of care, they can be said to be in breach of their duty
- Causation – When a doctor or other healthcare professional fails to provide a person with a critical medication, the healthcare providers actions must directly contribute to a person’s injury
- Damages – Finally, for a court to find that a doctor is liable for failing to provide critical medication, a person must sustain some form of injury. Damages can include medical bills, surgeries, lost time from work, and even pain and suffering
While these steps may seem simple, it is important to consult with a West Palm Beach failure to provide critical medication lawyer. Florida law requires expert testimony and certain evidentiary proof to support a claim.
In a time when a person is recovering from a medical error, this can be daunting and could potentially result in a person having their case dismissed.
Contact a West Palm Beach Failure to Provide Critical Medication Attorney
If you or a loved one has been injured because of a doctor, nurse, pharmacist, nursing home, assisted the living community, or in-home caretaker having failed to provide a critical medication, contact a West Palm Beach medical malpractice lawyer.