Dayton Medication Errors
When you visit the doctor to treat an injury or illness, he or she will prescribe medication to help you recover. You trust that the doctor will provide the right dosage and type of medication for your condition – but sometimes, your doctor can make a mistake with your medication, leading to serious injuries and unexpected illnesses.
If your doctor made a medication error in Dayton, Elk & Elk can help. We can assist you in filing a medical malpractice lawsuit to receive compensation for your injuries. Our attorneys have the experience and track record necessary to help you with your medication error case.
Why Choose Elk & Elk?
- Our firm operates multiple offices throughout the state of Ohio for maximum convenience.
- Our attorneys have over 50 years of experience in all areas of personal injury law, including medical malpractice and medication error lawsuits.
- We understand that legal fees can be expensive. Our firm operates on a contingency fee basis to reduce your out-of-pocket costs – if you do not receive a settlement, you do not pay legal fees.
The Dangers of Medication Errors
When a doctor, nurse, or pharmacist gives you the wrong medication, you can face serious consequences that you may not otherwise experience. Medical professionals can fail to review your chart, medical history, and allergies, leading to prescribing the wrong medication. As a result, you can experience a relapse, the development of a serious illness, and long-term side effects. Some patients can even die as a result of medication errors.
Medication errors can come in many forms in Ohio hospitals and clinics, all of which can have these severe consequences on you and your health.
- Medication overdose
- Prescribing the wrong medication
- Failure to prescribe necessary medications
- Improperly prescribing opioids to a person in recovery from addiction
- Improper use of blood thinners
- Incorrect anesthesia administration
- Prescribing medication without evaluating a patient’s information first, such as allergies, medical history, and lab results
Proving a Case of Medication Error in Ohio
If you are suffering from the consequences of a medication error, you can file a medical malpractice lawsuit against the medical professional responsible. The at-fault party may include doctors, nurses, pharmacists, anesthesiologists, and even the hospital itself. You have one year from the date of the medication error to file a lawsuit against the healthcare provider, or up to four years after the date of the error if you could not have reasonably known about the error until a later time.
You and your attorney will have to establish the following four elements to successfully prove a case of medication error.
- First, you need to prove that you and the doctor had a doctor-patient relationship. If you visited the doctor at a hospital or clinic, you can establish this relationship. If you sought medical advice from a friend who is a doctor, however, you cannot establish a doctor-patient relationship.
- Next, you will need to prove that the doctor breached his or her duty of care to you. This duty of care is to provide a certain standard of good medical care. If a similarly trained doctor would not have committed the same medication error, you can prove this element.
- Then, you will need to prove that the medication error led to a worsening or additional injury or illness. You cannot claim harm from the illness or injury you visited the doctor to treat unless it got worse because of the medication error.
- Finally, you will need to prove that you suffered damages as a result of the medication error and your worsening illness or injury. These damages can include medical expenses, lost wages, and pain and suffering.
Contact Us Today
Are you suffering from injuries or illnesses due to a medication error in Dayton, Ohio? You can receive compensation for your injuries through a medical malpractice lawsuit. Contact Elk & Elk today to discuss your legal options at your free consultation.