Medication is invaluable for treating and preventing illnesses and chronic conditions, but when a drug is improperly prescribed or administered, it can cause serious harm. If your health was adversely affected by a medication error, you should consult a Fort Lauderdale medication error lawyer to discuss the circumstances surrounding your harm and the claims that you can assert to recover damages. Joseph I. Lipsky is a seasoned personal injury attorney who will aggressively advocate on your behalf to assist you in seeking a successful outcome.
Doctors must exercise caution and skill in evaluating whether to prescribe medication and, if medication is necessary, the type of drug and dosage that should be prescribed. Medication errors commonly occur when a doctor does not obtain a complete medical history from a patient, or fails to properly evaluate elements of a patient’s history, leading them to prescribe a drug that counteracts a medication that the patient is already taking or causes an allergic reaction. Medication errors can also occur if a doctor prescribes an inappropriate dosage of the correct medication, or fails to fully warn the patient of adverse side effects. If a doctor fails to prescribe medication promptly, it can cause increased harm and may constitute a medication error as well.
Medication errors can occur even if the medication is appropriately prescribed. For example, if a patient is in a hospital or nursing home and is given the wrong dosage or the wrong medication, it can cause serious harm. Lawsuits arising out of medication errors typically involve several parties and claims, and they are often intricate and fact-intensive, so it is critical to consult a knowledgeable medication error attorney in the Fort Lauderdale area.
In Fort Lauderdale or elsewhere in Florida, if you were harmed by a medication error, your attorney must prove that another party caused your harm to recover damages. Typically, damages are pursued via a medical malpractice claim, in which it is alleged that the defendant’s negligence caused the alleged harm.
Showing liability under a theory of negligence requires you to prove certain elements. First, you must prove that the defendant, whether it is a doctor, a nurse, a hospital, or any other party, owed you a duty to exercise a certain degree of care and that the defendant breached that duty. You must then establish that the breach proximately caused your harm. In other words, while a breach of the duty owed does not need to be the only cause of your harm, you must prove that your harm would not have happened without the breach. In all but the clearest of medical malpractice cases, a Fort Lauderdale medication error attorney will need to retain a medical expert to explain the appropriate standard of care and how the breach of the standard of care caused your harm.
If you prove that another party should be held liable for the harm caused by a medication error, you may be awarded damages for the cost of any medical treatment that you needed to address your harm and any treatment that you may need in the future. You may also be awarded damages for lost earnings if you were unable to earn an income because of your injuries. Additionally, you may be able to recover damages for the loss of enjoyment of life and the pain and suffering caused by your harm. If you were married when the medication error occurred, your spouse might be able to recover damages for loss of consortium as well.
If you sustained harm because of a medication error, you should engage a medication error lawyer in the Fort Lauderdale area to represent you in your pursuit of damages. Joseph I. Lipsky is a skilled personal injury attorney who will aggressively seek any compensation that you may be owed. Mr. Lipsky represents people injured by medication errors in Broward, Miami-Dade, Orange, Palm Beach, and Monroe Counties, including in Fort Lauderdale, West Palm Beach, Miami, Orlando, and Key West. We have offices in Miami, Plantation, Delray Beach, and West Palm Beach. We can be contacted at 1-888-352-5298 or through our online form to schedule a free and confidential meeting regarding your case.