Is a physician liable for a medication error that caused further injury?

Courts have held that doctors owe a duty to individuals injured by patients driving from their office when the patient was just injected with drugs known to affect driving ability and judgment. Courts take into account the magnitude of the burden of guarding against the injury, the likelihood of the injury, and the consequences of placing that burden upon the defendant or physician.

The reasoning is that (1) there is a high likelihood of a car accident immediately after the injection of a narcotic and (2) when a doctor administers the narcotic in his or her office, it is reasonable to expect that he or she will guard against the foreseeable danger by taking preventative measures, and (3) the medication was administered under the physician's direction and timing, with the patient relying on the physician's professional judgment.

Talk to a Medical Malpractice Lawyer to learn more about your options regarding bringing a medical malpractice claim, and what you can expect to receive as compensation.

Source Cases:

Lester ex rel. Mavrogenis v. Hall, 970 P.2d 590, 126 N.M. 404 (N.M., 1998);

Wilschinsky v. Medina, 108 N.M. 511, 515, 775 P.2d 713, 717 (1989)