I was recently given a prescription from my Primary Car Physician. When I had it filled at the pharmacy. I realized it was for the wrong medication. Can he be held liable for this type of mistake?

A: 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.

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