Medication Error

Medication errors are one of the most common medical mistakes in the United States. More than a million Americans are harmed each year as a result. A significant number of these victims die from medication mistakes their healthcare providers make every day.

If you have been injured or lost a loved one due to a medication error, you could be entitled to pursue compensation. The medication error lawyers at Rosenfeld Injury Lawyers have helped clients recover millions in compensation to cover medical expenses, lost wages, and pain and suffering.

No one should be left to deal with the consequences of a medical error on their own. Read on to learn more about the prevalence of medication errors and your options for legal recourse.

What Is Considered a Medication Error?

According to the Food and Drug Administration, a medication error is a preventable event that could lead to inappropriate medication use or patient injuries [1]. This can include giving patients the wrong medication for them based on the dosage or symptoms. It can also mean prescribing a medication that’s contraindicated given the other prescriptions the patient is taking.

How Common Are Medication Errors?

Medication errors are an alarmingly prevalent problem in the United States. Most adults have experienced or know someone who has experienced medical mistakes. Some key statistics worth knowing inlcude:

• Adverse events caused by unsafe patient care are among the top 10 causes of death and disability worldwide [2].
• Medical errors cost the U.S. around $20 billion a year [3].
• One in every 1,000 primary care visits causes patients preventable harm [3].
• One out of every six patients has been affected by a general diagnostic error [3].
• Almost 5% of hospital patients experience an adverse drug event [4].

Types of Medication Errors

There are many different types of medication errors that can lead to medical malpractice cases, including:

• Administrative errors – Sometimes patients are given the wrong medication or it is administered incorrectly, especially in hospital or outpatient care settings.
• Prescribing errors – If a doctor prescribes the wrong drug or the incorrect dosage, the medication mistake could be the cause of a medical negligence claim.
• Omissions – If a healthcare provider fails to provide patients with all of the information about the risks or usage of a drug and it causes an injury, their failure to act or disclose is an omission.
• Unauthorized drug use – The FDA authorizes prescription medications for certain uses. When medical professionals use a prescription medication in an off-label use, they could be putting patients at risk.
• Wrong dosage – Dosage mistakes can lead to patients receiving too high of a dose putting internal organs and systems at risk or too low of a dose making the medication ineffective.
• Wrong timing – Even if healthcare providers prescribe the correct medication, some medication errors occur when they indicate the wrong timing. For instance, if a medication should be taken every 12 hours but the medical professional writes down every 8 hours, the patient would take an extra dose of the medication each day.
• Adverse drug reactions – Adverse reactions occur when other medications a patient takes negatively interact with the new medication a doctor prescribes. This can be avoided if the healthcare professional requests accurate and updated information about a patient’s medical history and finds out what other medications they take. Otherwise, it is possible that an adverse reaction will occur.
• Pharmacy errors – Prescription errors can also occur if the pharmacy or pharmacy technicians who fill the prescription order make a mistake. In some cases, patients develop preventable injuries from taking the wrong medication or the wrong dose.

The Consequences and Injuries Associated With Medication Errors

Medication errors cause devastating consequences ranging from the treatable to the tragic. Some of the common injuries medication errors cause are:

• Medication side effects
• Paralysis
• Respiratory failure
• Blood loss
• Loss of balance
• Preventable suicides
• Disability
• Death

This list of injuries associated with medication errors is not extensive. If you or a loved one has suffered an injury related to being prescribed the wrong medication, it is possible for you to pursue compensation for your expenses and losses.

It is important for injured patients and their families to hold negligent healthcare providers accountable for the injuries they cause. This is the only way patients can attempt to prevent future patients from suffering the same fate.

Liability in Medication Error Lawsuits

One of the first steps of any medical malpractice claim is determining liability for what happened to cause your injuries. Your medication error attorney will help. Generally, healthcare professionals who prescribe or dispense medications can be held liable, including:

• Physicians
• Pharmacists
• Pharmacy technicians
• Pharmacies
• Drug manufacturers

Proving Your Medication Error Case

Before filing your medication errors lawsuit, our Chicago medical malpractice lawyers will need to gather evidence to solidify your case. This will help prove how your medical provider was negligent during your medical treatment and caused your injuries.

Your lawyer will start by gathering your medical history, including medical records, showing your health before and after the injury, as well as records regarding the injury.

We may consult with other healthcare professionals to document and prove what other medical professionals would have done as a standard practice. This will show how the medical errors deviate from what is expected and routinely done.

You Have a Limited Time to File a Medication Error Claim

The statute of limitations for personal injury claims in Illinois is two years from the date of injury. This is the length of time you have to file your case. Otherwise, you will not be able to seek compensation through a civil lawsuit.

While two years may seem like a lot of time, it tends to go quickly as victims focus on recovering from devastating injuries caused by medical errors. For this reason, it is a good idea to schedule a free consultation with a medication error attorney as soon as possible to give your lawyer as much time as possible to build your case.

Some forms of evidence, such as witness testimony, could become more difficult to gather the longer you wait.

Damages Our Chicago Medication Error Lawyers Can Help You Recover

Every medical malpractice lawsuit is unique in terms of medical mistakes, circumstances, and patient harm. As a result, the types of damages that can be recovered vary by case. In most medical malpractice cases, you can recover both economic and non-economic damages.

Economic

Economic damages are related to financial losses, including:

• Medical bills
• Lost wages
• Rehabilitation costs
• Lost future earnings
• Mental health care

Non-Economic

Non-economic damages are not related to financial losses but intangible factors such as physical pain. The court calculates these based on formulas. Some common non-economic damages are:

• Pain and suffering
• Mental anguish
• Emotional trauma
• Loss of consortium
• Loss of life enjoyment
• Disfigurement
• Scarring

Wrongful Death

Under medical malpractice law, family members are able to seek compensation for the loss of their loved one due to a medical mistake. A Chicago wrongful death lawyer can help you recover fair compensation for:

• Decedent’s medical expenses
• Funeral expenses
• Loss of society
• Loss of companionship

Settlements Awarded in Medication Error Medical Malpractice Claims

There isn’t a go-to amount for a medication error lawsuit. Even cases with fairly similar circumstances can have different outcomes, and working with experienced medication error lawyers is the best way to maximize medical malpractice settlements.

There are some known factors impacting settlement amounts. The more serious a medication error and injury, the higher the settlement is likely to be. For instance, if a hospital patient dies as a result of prescription errors, the resulting settlement would likely be larger than a case where adverse reactions were recoverable.

Another factor that impacts settlement amounts in medication error lawsuits is the extent of the financial damages. If recovering from an injury you sustained from medication mistakes required extensive medical treatment and you lost a lot of time at work, you can expect a higher settlement than a case with fewer financial losses.

Get in Touch With an Experienced Medication Error Lawyer

Healthcare providers have an obligation to follow applicable medical standards, record accurate health history for patients, and prevent medication errors. When a doctor fails to take steps to avoid common medication errors, preventable injuries can occur.

If you or a loved one suffered injuries from medical errors due to a healthcare provider’s negligence, you can file a medication error lawsuit to recover compensation in civil court. Rosenfeld Injury Lawyers has helped clients recover millions of dollars in civil lawsuits. We work on a contingency fee basis, so you don’t have to pay anything out of pocket for our services.

Contact a Chicago medication error lawyer for a free initial consultation by filling out our contact form or calling toll-free at (888) 424-5757. Someone from our law firm is available 24 hours a day to help you get started with a free consultation.

Specific Cases We Handle

• Chicago Stroke Misdiagnosis Lawyer
• Chicago Surgical Error Lawyer
• Chicago Anesthesia Error Lawyer
• Botched Circumcision Lawsuit
• Doctor Sexual Abuse Lawyer

Our downtown office, near the Richard J. Daley Center, Dirkson United States Courthouse, and the Chicago Workers’ Compensation Commission, offers convenient access from Aurora, Joliet, and Waukegan via I-90, I-94, and I-290.

Rosenfeld Injury Lawyers

225 W Wacker Dr #1660
Chicago, IL 60606
Phone: (847) 835-8895
Toll Free: (888) 424-5757

We also serve clients from Buffalo Grove, Chicago, Naperville, Rockford and throughout Illinois.

Resources: [1] FDA, [2] National Library of Medicine, [3] StatPearls, [4] AHRQ

All content undergoes thorough legal review by experienced attorneys, including Jonathan Rosenfeld. With 25 years of experience in personal injury law and over 100 years of combined legal expertise within our team, we ensure that every article is legally accurate, compliant, and reflects current legal standards.