What Do I Need to Know Before Filing a Prescription Malpractice Claim?

There are a multitude of reasons why a person may need a prescription medication. From common bacterial diseases to chronic illnesses that require consistent management, doctors and pharmacists must be diligent in ordering prescriptions for their patients. However, each year nearly 7,000 to 9,000 people die and thousands more experience serious medical complications as a result of prescribed medication errors. Today, we want to inform you of common prescription malpractice claims and how to take the necessary steps in filing a lawsuit.

Defining Prescription Malpractice

Prescription malpractice occurs when a doctor or pharmacist breaches their duty of care either through negligence or willful misconduct that may result in severe or life-threatening consequences. If this occurs, it either is at the hand of the doctor who prescribed the medication or the pharmacist who filled the prescription.

7 Types of Prescription Malpractice Lawsuits

There are many situations where medication malpractice may occur as a result of negligence or willful misconduct. The most common lawsuits include:

1. Your doctor prescribes the incorrect medication for your illness.
2. Your doctor prescribes the incorrect dosage of medication.
3. Your pharmacist fills the wrong prescription or gives you another patient’s medication.
4. Your pharmacist miscalculates the correct dosage, gives you the wrong quantity or incorrectly mixes the medication.
5. Your pharmacist fails to include important instructions on the prescription.
6. Your doctor and/or pharmacist do not explain how to safely administer and use the medication prescribed.
7. Your doctor and/or pharmacist fail to inquire about any allergies you may have before prescribing the medication.

Building a Case for Prescription Malpractice

Prescribing medications to patients has many steps that are important for doctors and pharmacists to follow. Experiencing an error with a prescription and being harmed as a result may have you wondering where to turn. As you look where to turn after experiencing prescription malpractice, there are three key pieces of information you need in order to file a lawsuit.

1. A doctor, pharmacist or other medical professional provided you with an incorrect prescription, failed to provide accurate instructions or inquire about health history before prescribing the medication.
2. You or a loved one experienced a serious injury or your existing condition worsened as a result.
3. The injury obtained led to specific damages such as pain, suffering, or death.

If you or a loved one experienced medication malpractice, we encourage you to speak with a medical malpractice attorney to build your case.

Planning Your Next Steps in a Prescription Malpractice Case

Once you have determined the harm you or a loved one experienced was due to medical malpractice, it is imperative that you act quickly. As medical malpractice attorneys in Missouri and Illinois, we have extensive knowledge of the statute of limitations in each case. We will work with you through every stage of the filing process, from gathering evidence to taking your case to court.

If you believe you have a prescription malpractice case, contact our attorneys for a free consultation. We are also available to co-counsel for medical malpractice, personal injury and defective product cases — please contact our firm today for more information.