Providing Comprehensive Legal Care Since 1988
Chicago Lawyer for Medication Errors
How Can I Tell if My Injury Was Caused by a Medication Error?
Determining if your injury was caused by a medication error involves identifying key signs of negligence in your treatment. Here are important factors to consider:
You experienced unexpected side effects or complications after taking a prescribed medication.
The medication you received does not match what was prescribed by your doctor.
The dosage instructions provided were unclear or different from what your doctor advised.
You were prescribed a drug that interacts dangerously with other medications you are taking.
You suffered harm because your known allergies or medical history were not considered when the medication was prescribed.
The pharmacy dispensed the wrong medication or mislabeled your prescription.
You were not adequately informed about the proper usage or potential side effects of the medication.
Can a Pharmacist Be Held Responsible for Giving Me the Wrong Drug?
Yes, a pharmacist can be held responsible for giving you the wrong drug if their actions meet specific criteria of negligence.
Here are the situations where this applies:
• The pharmacist dispensed a medication that was not prescribed by your doctor.
• The pharmacist misread or incorrectly interpreted the prescription from your healthcare provider.
• The drug provided was mislabeled, causing you to take the wrong medication or dosage.
• The pharmacist failed to check for potentially harmful drug interactions with your existing medications.
• The pharmacist overlooked clear warnings about your known allergies or medical history.
• The pharmacist provided incorrect instructions on how to take the medication, leading to harm.
Is a Doctor Liable if They Prescribe a Medication I’m Allergic To?
Yes, a doctor can be liable if they prescribe a medication you are allergic to, but there are considerations and exemptions that may apply. Here are the key factors:
• The doctor failed to review your medical history or allergy information before prescribing the medication.
• Your allergy was clearly documented in your medical records, but the doctor ignored it.
• The doctor did not ask about your allergies during the consultation or failed to confirm known allergies.
• The prescribed medication was necessary for your condition, and no safer alternatives were available, potentially exempting liability.
• You did not disclose your allergy, making it unreasonable for the doctor to know about it.
• Harm occurred because the doctor prescribed the medication without sufficient warning or monitoring for potential allergic reactions.
Do I Need Medical Records to Prove a Medication Error Occurred?
Yes, medical records are essential to prove a medication error occurred. They provide detailed evidence of the prescription, dosage instructions, and your medical history, helping identify negligence by a doctor, pharmacist, or healthcare provider. In Chicago, these records strengthen claims by demonstrating how the error directly caused harm, ensuring victims can pursue compensation for their injuries and damages effectively.
Can Families Seek Legal Action for Fatal Overdoses Caused by Errors?
Yes, families can seek legal action for fatal overdoses caused by errors. Taking the right steps is crucial to building a strong case. Here’s what families should do:
Obtain medical records
Collect detailed records of the prescription, dosage instructions, and medical history to identify where the error occurred.
Secure a death certificate
Obtain the official cause of death to confirm it was related to a medication error or overdose.
Identify responsible parties
Determine who may be liable, such as the prescribing doctor, pharmacist, or healthcare facility, for the overdose.
Consult an attorney
Work with a legal professional experienced in medical malpractice or wrongful death cases to evaluate the claim and guide the legal process.
Gather evidence
Collect any additional evidence, including prescription labels, receipts, and communication with healthcare providers, to strengthen the case.
File a wrongful death claim
Pursue compensation for funeral expenses, lost income, pain and suffering, and other damages related to the fatal overdose.
Contact a Medication Error Lawyer in Chicago, IL
If you or a loved one has suffered due to a medication mistake, you need experienced legal support to pursue justice. The Law Offices of John A. Culver specializes in medication error cases in Chicago, IL, helping victims and families hold healthcare providers accountable.
Call us today at (773) 370-0273 to schedule a consultation.