Injury involving medication error is one of the most common types of medical malpractice. Adverse prescription drug events and other medical errors represent the third most common cause of death in the United States according to a Johns Hopkins University study.
If you or a loved one takes prescription drugs, educate yourself about the risk of medication errors.
Understanding adverse drug events
Any health care provider who handles medication, including a doctor, nurse, tech or pharmacist, can make a medication error. Common examples include incorrect dispensation method or dose, lack of necessary monitoring when required, prescribing an inappropriate medication for a person’s condition, or prescribing the wrong medication or dose.
Seeking legal compensation
If you or a family member experiences health issues and suspects a medication error may be to blame, you could have legal recourse for medical malpractice. You must prove that you experienced an injury because of a provider’s negligence and that the injury caused financial loss, such as disability and medical expenses.
In Oklahoma, you have only two years from the date of diagnosis of a prescription drug error to file a malpractice lawsuit. When you file this type of legal complaint, you must first hire a medical expert who confirms that your lawsuit has merit and that a reasonable person would consider the provider’s action or inaction negligent. Your complaint must include an affidavit attesting to this.
You can ask the court to cover both economic and noneconomic damages associated with the medication error. Examples of economic damages include medical bills, lost income and earning capacity, and the cost of ongoing treatments. Noneconomic damages include loss of enjoyment of life, emotional distress, and pain and suffering. Oklahoma caps damages in this category at $350,000.