Medication Errors

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ROB LEVINE, MEDICAL MALPRACTICE LAWYER

VICTIM OF A MEDICATION ERROR? GET AN ATTORNEY

One of the most common claims for medical malpractice is medication errors. It has been estimated as the third leading cause of death in the United States. Since the process to prescribe and give medications to patients is complex and often includes many steps, there are many ways where patients can suffer due to medication error.

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WHAT IS A MEDICATION ERROR?

Most of the time, mistakes are made with dosages. If a patient is prescribed something with a low enough dosage, their condition will either stay the same or deteriorate further. On the contrary, a dosage too high could cause other side effects that could create additional conditions or injuries. In these cases, a doctor may accidentally write the wrong dosage on the prescription, the nurse could give the wrong amount to the patient, or medical machines could have technical difficulties. Additionally, a hospital setting increases the likelihood of a patient receiving medication meant for another person.

In medical malpractice cases regarding medication errors, it is important to have an idea of the setting where the medical professional works. Possible reasons for medication errors include short staffing, malfunctioning technology, or untrained pharmacy technicians.

WHAT IS NOT CONSIDERED A MEDICATION ERROR?

However, there are limits to what can be considered a medical error claim. If a patient has an allergic reaction to a new medication that a reasonable doctor would not have been able to know beforehand, this would not be malpractice. Although unfortunate, treatments that are unsuccessful do not fall under the realm of medical malpractice.

Before you consider hiring an attorney to represent your case, you must know if you are simply angry at a medical professional or if you are the victim of medical malpractice. Contact Rob Levine & Associates for a free case consultation to determine if you have a medical malpractice case.

FAQs About Your

Medical Malpractice Case

How do I know if I have a medical malpractice case?
Medical Malpractice is a form of professional negligence that can be committed by any medical professional who is involved in giving care to a patient. To prove medical malpractice, a claimant must show that a doctor-patient relationship existed, that the professional violated the standard of care, and an injury resulted from that violation.    
What is “informed consent” and how does this relate to malpractice?
In Rhode Island, informed consent refers to the conversation a medical professional has with their patient when they explain the proposed course of treatment and its risks. The physician must also offer information for alternative treatments and/or the option of not treating a specific illness. Rhode Island requires a five-part test to decide if there is validity in a medical malpractice case surrounding a lack of informed consent. This test includes: the physician’s explanation of risk was inadequate, the risk was known and withheld by the physician, the risk was a valid concern, and the injury in question was caused by this undisclosed risk.
How can a jury determine if a physician’s actions were negligent?
All medical professionals are expected to abide by a standard of care. A judge is responsible for questions of law. A juror is a trier of fact. While a jury listens to an entire trial, their job is to take the law as described to them by the judge and apply all of the facts and information that were relayed to them through testimony throughout the trial. A jury is then responsible for rendering a verdict based on the law given to them during jury instructions by the judge and their opinion a to whether or not the case presented by the plaintiff meets or exceeds the standard of law as defined by the judge of negligence by the medical professional.
What are examples of medical malpractice?
A licensed medical professional's actions that fall below the standard of care include failure to diagnose/misdiagnosis, failure to order proper testing, failure to recognize symptoms, misreading/ignoring laboratory results, surgical errors or wrong-site surgery, improper medication/dosages, unnecessary surgery, poor follow-up or aftercare, premature discharge, or disregarding or not taking an appropriate patient history.  
How much time do I have to start my case?
The statute of limitations for medical malpractice cases in Rhode Island is up to three years after the discovery of their medical condition. In Massachusetts, patients are given up to three years from the discovery date if they would not have reasonably known of the malpractice. In Connecticut, patients are given up to two years to file their case.
Do I have any medical rights?
You have the right to:
  • Access information regarding your case that is accurate, easy to understand, and in your language.
  • Access any assistance you may need to understand your medical information.
  • Be involved in decisions regarding your medical treatment.
  • Receive respectful care from any medical professional.
  • Confidentiality regarding your medical care and treatments.
  • Read and copy your medical records to ensure accuracy.
  • File a complaint against any medical staff who treats you.
All FAQs
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