Medical Malpractice Suits: Adverse Drug or Medication Reactions

If a patient has an adverse reaction to a medication, there may be an underlying medical malpractice case against the physician and/or health care facility involved in the administration of the medication.  Drug reactions may cause severe injury or even death.  Reaction to the drug may have been avoidable.  In such an instance, medical malpractice may result.

Adverse Medication Reactions and Medical Malpractice Claims

1. Possible Injuries Caused by Negligent Medication Administration
2. Hospital and Doctor Liability
3. Filing a Malpractice Claim
4. Starting a Medical Malpractice Lawsuit
   

Possible Injuries Caused by Negligent Medication Administration

There are various risks for drug reactions.  Some drugs have a substantial list of possible adverse reactions, while others have a more limited list.  While the following list is not exhaustive, it includes many common adverse reactions.  These reactions include:

• Liver damage
• Organ failure
• Cardiovascular disease
• Seizures
• Birth defects for pregnant women
• Miscarriage
• Uterine hemorrhage
• Deafness
• Hypertension
• Peripheral neuropathy
• Stroke
• Tendon rupture
• Death

Hospital or Doctor Liability

Liability based upon a drug reaction can occur in several ways.  Initially, a physician may prescribe the wrong medication based upon the patient’s medical history and contraindications.  In addition, if a nurse at a hospital or other medical facility fails to administer the correct drug or dosage of the drug, a serious injury or death may result. Furthermore, giving the medication in an incorrect manner, such as injecting a drug instead of orally administering the drug, could cause an injury.  Also, failure to give medication at the appropriate time can result in injury.  Moreover, if a pharmacist makes a mistake and prescribes the wrong medication, this can result in medical malpractice.  In any set of circumstances, where medical professionals fail to adhere to their duty to provide adequate, reasonable care to patients and an injury results, there may be a medical malpractice case.

Pursuing a Medical Malpractice Claim for Damages

In order to commence a law suit based upon medical malpractice arising out of a drug reaction, one should retain the services of an experienced medical malpractice attorney. In addition, one should research the background of the attorney in order to obtain information indicating the attorney’s experience in handling medical malpractice cases involving adverse drug reactions, or related types of medical malpractice cases.  Sometimes, law firms have experience in handling class action type lawsuits.  However, in drug reaction cases, these large actions are called “multidistrict litigation.”

Starting a Malpractice Lawsuit

The medical malpractice attorney can handle the commencement of the lawsuit on your behalf.  While every jurisdiction’s requirements vary, most states require the filing of a summons and complaint against the physician, hospital and/or pharmacy in order to commence the medical malpractice action.  Furthermore, an attorney who possesses experience in handling drug error law suits will have a sophisticated medical and legal understanding of how drug error can result in injury and malpractice; this expertise can result in the recovery of substantial amounts of compensation for the patient.