Prescription drug errors can happen in a number of ways. A patient may be given the wrong type of drug, or the right drug but the wrong dosage. In some cases, a prescription drug could be administered incorrectly, such as an oral medication being given through an IV.
When these mistakes happen, they can amplify the health condition they were intended to treat or introduce new health problems. They can cause patients to become very ill, and sometimes these mistakes can even be fatal for the patient. These mistakes are a serious type of medical malpractice, and if you suffer injury from them, a Chicago prescription drug errors lawyer could help you seek compensation for your injuries. Call today to schedule a consultation with a seasoned medical malpractice attorney.
How a Typical Prescription Drug Error Case Works
Because prescription drugs must be prescribed by a professional healthcare provider and be distributed by a pharmacy, any case involving a prescription drug error is usually considered a medical malpractice case. When the claim is being filed against a pharmacy, it may be considered pharmacy malpractice, which is a branch of medical malpractice.
These cases can become complicated quite quickly due to many factors. To start, an effective prescription drug error lawyer in Chicago must have not only legal knowledge that can be applied to the injured victim’s case but also medical knowledge as well. They may also need some pharmaceutical knowledge in order to determine if the drug was tested properly and meets FDA standards, and also if the healthcare professional or pharmacy appropriately warned the patient of the risks associated with the drug.
All these elements of any prescription drug error case can help identify the duty of care that was owed to the patient and prove that duty was breached, directly resulting in illness or injury to the patient. These factors are the basis of any personal injury case, as they help to prove legal negligence on the defendant’s part. This is why it is essential to obtain a knowledgeable attorney who has an understanding of the aspects associated with medical malpractice cases.
Affidavit of Merit Requirement
In the state of Illinois, there is an affidavit of merit requirement with any claim that involves medical malpractice. This mandates that an affiant—typically the attorney representing the injured party—reviews the case with a healthcare professional who is knowledgeable in the issues pertaining to the case and either practices or teaches in the same area of medicine.
After this health care professional has reviewed the case, they must conclude that another healthcare worker would have acted differently and that there is a good basis for the lawsuit. This affirmation does not carry the same weight as a judge making this same decision, but it is a prerequisite when bringing any medical malpractice case before a judge.
Class Action Lawsuits
A class action lawsuit involves a number of different plaintiffs. As such, they may be more appropriate than individual lawsuits when a large number of people are affected by a prescription drug error.
If a pharmaceutical company fails to warn of serious side effects and risks associated with a drug they produce, for example, this could affect many people in many different states. These types of cases could result in a class action lawsuit.
A Chicago prescription drug errors lawyer should be aware of any class action lawsuits pertaining to any case and be able to help individuals learn more about them. They could also advise on whether a class action lawsuit is a possibility, or when it may be advisable to file an individual lawsuit.
Getting in Touch with a Chicago Prescription Drug Errors Attorney
All personal injury lawsuits can become very complicated, but prescription drug error cases, in particular, are extremely complex and should generally be handled by an attorney. An experienced Chicago prescription drug errors lawyer or medical malpractice lawyer will have the legal and medical knowledge necessary to help you pursue the compensation to which you may be entitled. They may also have access to a network of experts that could help with the case.
If you were injured by a mistake made with your prescription drugs, seek out a medical malpractice attorney who could help you with your case. You might be entitled to compensation that could help ease the financial burden related to your injuries, and a dedicated lawyer may be able to help you get it.