Generally speaking, in order to prevail in a suit that evolves from being given the wrong medication, the plaintiff or patient must prove that the physician didn’t adhere to a reasonable standard of care. Physicians will often assert certain defenses to avoid liability. Lawsuits in this area are plentiful, due to the harmful nature of a lot of medicines on the market. A good example of this is where a doctor misdiagnosis breast cancer and in turn gives a patient breast cancer treatment where none was required.
Elements of a Cause of Action
In order for a patient to prevail in a cause of action against a physician they must prove the following:
- That the doctor had a duty to exercise reasonable care when prescribing or administering medication to the patient;
- That the doctor failed to exercise the requisite reasonable care;
- That the patient suffered injury, and
- That the doctor’s conduct was the proximate cause of the injury.
Physician Defenses
In almost every jurisdiction the physician will be able to assert certain defenses, to absolve him of liability for his or her actions. These defenses if proven will prevent the patient from being able to collect damages. The defenses available to physicians are as follows:
- That he or she actually exercised reasonable care in prescribing or administering the medication;
- That the conduct complained of or the medicine given was not the proximate causation of the plaintiff’s injury
- That in some way the patient contributed to the negligence of the physician, or
- That the physician owed the plaintiff no duty to exercise reasonable care because there was no doctor client relationship between them.
Types of Damages that can be Awarded
If the patient proves all of the elements of negligence and the physician isn’t able to prove any of the available defenses, then the patient will be awarded damages. Such damages can include:”
- Physical pain and suffering
- Mental suffering and emotional distress
- Loss of time/earnings and impairment of earning capacity
- Medical expenses
- Loss of enjoyment of life
- Injury related expenses
- Loss of consortium
Seeking the Help of an Attorney
Whenever you suffer injury at the hands of a professional, you will need to seek the assistance of counsel. When you are dealing with a situation where you have been given the wrong medication and you have been injured as a result, it is absolutely essential. Make sure to contact an attorney that is licensed to practice law in your jurisdiction and that specializes in the area of medical malpractice to represent you in your suit.
