Prescription Perils: Addressing Medication Errors in Miami

Unfortunately, the patient’s trust is breached all too often because of negligence in prescribing or administering drugs. The American Nurse Today reported that 1.5 million injuries and 7,000 deaths are attributed to medication errors each year. Miami medical malpractice is a serious and growing issue.

The worst part is that the vast majority of medication errors in Florida are almost entirely preventable. If you or someone you love suffered an injury because of a medication error, you may be able to file a civil lawsuit to seek damages. The experienced Miami medical malpractice attorneys at The Alvarez Law Firm can evaluate the facts of your case and pursue a winning legal strategy on your behalf. 

How is a Medication Error Legally Defined?

The National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP) defines a medication error as a preventable accident stemming from the inadequate or inappropriate use of any drug, which results in patient harm. Medication errors can occur in any form within the healthcare setting.

A small number of these errors might be relatively harmless, but most of them can cause serious health damage to the patient. Here are some of the more serious forms of medication errors, which may constitute medical malpractice in Florida:

  • Wrong dosage: Medications need to be provided in the correct dosage for them to be of any help.
  • Incorrect medication: Prescribing an incorrect medication can have more severe results as compared to dosage errors. The medicine may exacerbate the problem. 
  • Harmful interaction: The doctor should consider the likelihood of drug interaction when prescribing new medications.
  • Mislabeling: Patients may consume the wrong medication if it has been mislabeled.
  • Allergic reaction: Doctors are required to consider the possibility of an allergic reaction caused by the medication.

It’s easy to understand how an error may occur with the numerous steps involved in the process of providing patients with medication. Based on this, this doesn’t mean you need to accept these preventable errors as commonplace. 

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Do I Have a Valid Malpractice Claim for Medication Error Injury in Florida?

Medication error claims are only valid if the medical care provider acted negligently. There are several components to having a potential lawsuit:

  • You need to establish a formal patient-doctor relationship
  • You need to show the healthcare provider acted negligently
  • You need to link the error with your injury and damages

Florida Statute of Limitations for Medication Error Claims

As per Florida Statute § 95.11(4)(b), plaintiffs get 2 years from the date of discovery of harm to bring a medical malpractice case, including the ones caused by medication errors. The proverbial clock starts ticking as soon as the harm is discovered, the day the error occurred, or when you should have reasonably been aware of the injury.

You should consult with an attorney, even if it has been two years since your injury. In certain exceptions, the statute of limitations can be pushed to allow 4 years. 

Who can be Held Liable for Medication Errors in Florida?

Many healthcare professionals are involved in the prescription and administration process of medications. More than one individual can be held liable if a medication error occurs. The healthcare facility, such as a surgical center or the hospital, may also be held liable for any injury arising out of medication error. 
Here are some of the common parties that might be held liable in medication error lawsuits in Florida:

  • Nurses
  • Pharmacists
  • Doctors
  • Surgeons
  • Medical clinics
  • Hospitals
  • Administrative staff
  • Manufacturer of dangerous drugs

Damages Available to Victims of Medication Errors in FL

It’s not highly unusual for medication error victims to recover large verdicts and settlements. You are entitled to both economic and non-economic damages as in any personal injury case. Your compensation may cover the following:

  • Medical bills
  • Lost wages
  • Permanent disability
  • Cost of continuing care and rehabilitation
  • Pain and suffering
  • Anxiety and depression
  • Emotional distress
  • Reduced quality of life

Severe consequences of medication error may involve wrongful death. In this case, the family members of the victim may be eligible to seek compensation for:

  • Funeral and burial cost
  • Loss of financial support
  • Loss of parental guidance
  • Loss of consortium
  • Loss of inheritance

It’s not always straightforward to get the compensation you deserve. Insurance companies try their best to minimize settlement amounts, making it necessary to work with a resilient attorney. 

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Choose a Dedicated Miami Medication Negligence Lawyer to Protect Your Rights

Medication mistakes can result in costly, serious, and sometimes deadly consequences. The experienced medication error malpractice attorneys at The Alvarez Law Firm can help you hold the medical professionals accountable to recover from the entire episode. We have a long history of medication error litigations. Leave the burden of sorting the facts of your individual case to the skilled and capable attorneys at The Alvarez Law Firm. Schedule a free consultation to determine the merits of your claim and the best legal course to recover maximum compensation. We will utilize our network of expert medical specialists to investigate and evaluate what happened in order to establish a solid case for compensation for your medication error injury. We are happy to provide you with a free case evaluation. Call us at 305-444-7675 or reach us online.

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