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Can I file malpractice suits after being prescribed the wrong medication?
Question:
Can I file malpractice suits after being prescribed the wrong medication?
This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.
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Tell us a little about your injury & get a local Malpractice Lawyer to review your case for Free.Get Informed - Medical Malpractice Laws & Information
- Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.
- Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.
- Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.
- Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.
- Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.
- State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.
A medical malpractice lawsuit arises when a physician prescribes an improper medication to a patient. If a patient can meet all four required elements of a medical malpractice lawsuit, he may have a valid cause of action against the prescribing physician.
The Elements of a Prescription Malpractice Lawsuit
A prescription malpractice lawsuit has the same four required elements of a medical malpractice lawsuit: duty, breach, causation and damages. This means that the patient plaintiff must prove that the physician had a duty of care to treat the patient, that the physician breached that duty by prescribing the wrong medication, that the wrongly prescribed medication caused the patient injury, and that the patient suffered financial or monetary losses as a result.
To prove that the physician wrongly prescribed medication, the plaintiff must show that the physician failed to properly investigate the patient’s illness, did not consider any known side effects of the medication or overlooked any information released by the manufacturer about the dangers of the medication. If the plaintiff can prove that the prescription was given due to the physician’s negligence or recklessness, he most likely will succeed in a medical malpractice lawsuit.
Proof of Causation
The main thing requiring proof, however, is that the medication caused the plaintiff injury. The plaintiff must clearly show that the prescription caused either financial or physical injury, and that the injuries could not have been caused by any other medical condition, treatment or prescription.
Obtaining Legal Advice
If you have been injured due to being prescribed the wrong medication, seek legal advice. A lawyer will review you case and discuss with you whether you have a valid cause of action against your physician.
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