Who is Liable for Injuries Caused by Medication Errors?

Medication is an essential part of treatment for many people. The right medication can be lifesaving, or make a huge difference in the management of a chronic condition.

Unfortunately, a patient may not be provided with the right medication. When medication errors occur, patients not only do not receive the treatment they need, but can experience harmful side effects as well.

If you or a loved one has been harmed because of a medication error, there are multiple parties who may be liable. We can help you identify who is at fault and will ensure they are held responsible.

Doctor, Nurse, and Hospital Liability

Doctors and nurses, and the administration of the hospitals where they work, are responsible for ensuring patients receive the correct medication to treat their conditions. They must write prescriptions and distribute medication, and before that, must properly diagnose patients and identify the proper treatment. The failure to fulfill any of these responsibilities can cause medication errors and resulting patient injuries.

Pharmacist Liability

A medication error may be the fault of a pharmacist. A pharmacist may misinterpret a prescription order from a doctor. They could mix up the prescriptions of two or more different patients. Or, they could make a mistake in providing the correct dosage to a patient. Any of these mistakes can cause severe injury to a patient, and could even be deadly.

Pharmaceutical Company Liability

In some cases, medication errors are caused by a pharmaceutical company’s negligence. A doctor or pharmacist may do everything they are supposed to do, but this may not matter if the pharmaceutical company was negligent in the manufacturing or marketing of a drug.

For example, the pharmaceutical company may fail to properly test the effects of a medication. They may claim that a drug is effective in treating a certain condition, when in actuality it is not. The company may not include complete warnings about the side effects or drug interactions of a medication. Due to these errors, doctors and pharmacists would be uninformed and provide improper medication to their patients.

At the Law Offices of David A. Kates, PLLC, we are dedicated to helping injury victims get the treatment they need. We hold negligent medical professionals accountable and will fight to make sure you are cared for.

For a free consultation, complete our contact form or call (718) 866-3664.