When you pick up a prescription or receive medication in a hospital, you trust that the medication is accurate. Unfortunately, pharmacy mistakes happen more often than many people realize and can result in serious health complications or even death. These errors leave many wondering, can you sue for a pharmacy mistake in Nashville?
Pharmaceutical errors are a common type of error in medical malpractice claims. If a pharmacy error caused you serious harm, you have the right to pursue compensation under Tennessee’s medical malpractice laws. A Nashville medical malpractice attorney can explain your legal options when it comes to how to file a claim and against whom to file.
The Impact of Pharmaceutical Errors on Nashville Patients
Medication mistakes are one of the most common forms of malpractice, impacting at least 1.5 million people a year. In the United States, the Patient Safety Network (PSN) estimated that there are nearly 200,000 deaths annually due to preventable medical errors, such as preventable medication errors.
In Nashville, local healthcare centers such as the Vanderbilt University Medical Center, TriStar Centennial Medical Center, and Ascension Saint Thomas Hospital process and administer thousands of prescriptions every day, increasing the potential for errors. Errors also come from community pharmacies, such as Walgreens or Green Hills Pharmacy.
Types of Pharmacy Mistakes in Nashville Pharmacies and Healthcare Facilities
Medication is a complex element of the medical system, meaning there are many ways in which a healthcare provider’s negligence can cause a medication error. In hospitals and long-term care facilities, PSN further estimated that there is an error rate between eight and 25%. Some of the most common pharmaceutical mistakes I can help clients with include:
- Wrong medication or dosage. One of the most common pharmacy mistakes involves dispensing or administering the wrong medication or wrong dosage. Without the correct type and amount of a drug, a patient is susceptible to dangerous side effects, allergic reactions, overdose complications, or worsening medical conditions.
- Wrong patient. Sometimes, the error with a prescription medication stems from the fact that you were given a prescription meant for another patient. This may be due to labeling errors, confusion between customers with similar names, or failures to properly verify your identity before getting you your prescription.
- Incorrect instructions. Prescription labels and dosage instructions must be clear and accurate. If there are incorrect instructions about the drug type, dosage, timing, or how to administer, patients may misuse the drug. Pharmacies are responsible for providing prescriptions with accurate labels and instructions to avoid this error.
- Failure to warn. A patient must be warned about the potential risks associated with medication. This includes warnings about harmful drug interactions or side effects. Without a clear understanding of the risks, a patient cannot make an informed decision about a drug and may be left with severe reactions or side effects that they otherwise could have avoided.
Damages You Can Recover in a Medical Malpractice Claim
Filing a claim against medical professionals can allow victims to recover compensation for their losses. The specific compensation depends on the types and severity of damages that you have suffered. Some of the most common damages include:
- Medical expenses, including the cost of future treatment or rehabilitation
- Lost wages from your recovery or hospital stay
- Reduced capacity if you are left with a disability that limits your ability to work
- Physical pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability and ongoing physical complications
When a pharmaceutical error results in wrongful death, surviving family members may also be able to receive compensation. They may pursue damages such as loss of financial support, funeral and burial expenses, and loss of companionship.
Hire a Medical Malpractice Lawyer
I am a Nashville personal injury attorney with over 35 years of legal experience. I have been awarded ten Lawyer of the Year awards from Best Lawyers and consistently achieve high compensation for victims of medical malpractice. When working with me, you can expect personal attention to each aspect of your case and a relentless pursuit of a fair recovery.
FAQs About Can You Sue for a Pharmacy Mistake in Nashville
What Happens If a Pharmacy Makes a Mistake?
If a pharmacy makes a mistake, it is possible that the victim can experience serious health complications, including allergic reactions, overdose injuries, dangerous drug interactions, or worsening medical conditions. Victims of pharmaceutical errors can work with a Nashville medical malpractice lawyer to determine whether the mistake was a result of negligence. If it is, the victim can file a claim against the pharmacy for this error.
How Much Is a Medication Error Settlement?
The value of a medication error settlement varies depending on the case. Some key factors that impact the settlement amount include the severity of the injury, medical costs, lost income, and permanent disability. If you hire a medical malpractice lawyer, they can evaluate your claim and calculate a fair settlement. Then, they can negotiate to reach this amount.
What Are the Four Things That Must be Proven to Succeed in a Medical Malpractice Claim?
To succeed in a medical malpractice claim, you must prove duty of care, breach of duty, causation, and damages. This means showing that the healthcare provider had a responsibility to care for the patient, failed to meet the accepted standard of care, directly caused the injury, and that the patient suffered measurable harm. Evidence must be used to support these four elements, which often include medical records or the testimony of a medical professional.
Who Can Be Held Liable for a Pharmaceutical Error?
Several parties may be held liable for a pharmaceutical error depending on how the mistake occurred. Potential liable parties include the pharmacy, hospital, pharmacists or pharmacy technicians, prescribing physicians, or another individual or organization who was involved in the case. Determining liability can be complex and often requires a detailed investigation into how the error occurred.
Contact the Law Offices of Daniel L. Clayton Today
If you are suffering new or worsened injuries due to a healthcare provider’s or pharmacy’s medication errors, you do have legal rights. At the Law Offices of Daniel L. Clayton, I can help you pursue compensation while holding the negligent party accountable. Contact my office to schedule a free case consultation.
