Can I sue a doctor for prescribing the wrong medication?

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Question:

I was recently given a prescription from my Primary Care Physician.  When I had it filled at the pharmacy, I realized it was for Zyrtec rather than Zantac.  Apparently, my doctor prescribed the wrong medication.  Can he be held liable for this type of mistake?

Answer:

Prescription errors due to medical malpractice can be caused by a variety of mistakes that may include:

  • Ordering a medication for a patient with known allergies to that drug
  • Current medication could adversely react with the new medication
  • The wrong medication was prescribed
  • An incorrect dose of medication was prescribed

All doctors and healthcare providers are negligent if they fail to give you the type of care that a reasonable doctor or healthcare provider would give in similar circumstances.  If their negligence causes you injuries or illness, they may be found liable and made to pay damages.  To win a medical malpractice lawsuit, the plaintiff must prove that the healthcare provider breached a duty owed to the plaintiff, causing injury and damages.  Specifically, they must show:

  • The healthcare provider owed plaintiff a duty, which arises when the plaintiff enlists care, services or treatment from a healthcare provider
  • The healthcare provider breached the duty owed to the plaintiff by failing to provide care, services or treatment commensurate with the standard of care practiced within the medical community
  • This failure caused injury and damages to the plaintiff

If you have been a victim of a prescription error and wish to file a malpractice lawsuit, a qualified medical malpractice attorney can be vital in assisting you with the legal aspects of your case.

Talk to a Medical Malpractice Lawyer about your case and find out what rights you have to demand compensation for the error.

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