Can I Seek Compensation for a Prescription Drug Error in Illinois?

Illinios accident lawyer,  Illnois personal injury attorney, Illinois wrongful death lawyerPhysicians prescribe medication to patients all the time for various reasons. Certain medicines can help alleviate pain and symptoms for injured and sick patients when correctly prescribed and used. They can also heal and cure injuries and illnesses if used properly. However, they also have the potential to cause permanent damage or even death if they are used incorrectly. If you or your loved one has suffered as a result of a prescription drug mistake, you may be entitled to compensation. An experienced personal injury attorney can help determine liability for your damages. Responsible parties may include a doctor, pharmacist, or anesthesiologist.

Common Forms of Medication Mistakes

Unlike over-the-counter (OTC) medicines, prescription medication must be prescribed by a doctor and are usually dispensed by a pharmacist at a hospital or a pharmacy. This is because these types of drugs could be potentially addictive or lethal if not taken properly. Names of some medications may at first glance look or sound similar, which means they can be easily confused with each other. In other cases, ingesting too much or too little of a drug can affect a patient’s health and well-being.

A few of the main types of medication mistakes include:

  • Giving too much or too little anesthesia
  • Administering the wrong dosage
  • Failure to check on dangerous drug interactions
  • Prescribing a medication that causes an allergic reaction
  • Failure to warn of possible harmful side effects
  • Mislabeling medicine bottles
  • Mixing up patient records
  • Incorrectly manufacturing a drug that results in a defect
  • Misreading a prescription or labels

Proving Medical Negligence

In some cases where a certain medication caused a patient harm, the prescribing doctor, pharmacist, nursing home, or even the manufacturer of the drug may be held accountable. If facilities are understaffed and employees are overworked, that is generally when mistakes happen. Rushing to squeeze the next patient in or to fill a prescription can lead to deadly consequences if medical workers do not pay careful attention to the details and double-check their work.

According to Illinois law, a plaintiff in a personal injury lawsuit must prove the following four factors:

  1. The defendant owed a duty of care to the patient.
  2. The defendant failed to meet or comply with this duty of care.
  3. The plaintiff’s injury, illness, or death was caused by the prescription error.
  4. The plaintiff or the plaintiff’s surviving family members suffered damages as a result.

Contact an Illinois Personal Injury Lawyer

Patients trust their doctors and pharmacists to prescribe the proper medicine to keep them safe and healthy. Unfortunately, medication errors can and do occur. That is why it is crucial that you speak to an Illinois medical negligence attorney who is well-versed in this area of personal injury law as soon as possible. With more than 30 years of legal experience, Attorney James A. Payonk, Jr. has proven success in obtaining fair compensation for victims of prescription drug mistakes. Call our office today at 708-966-2408 to request a free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=022500610K10

https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2715&ChapterID=35

https://www.fdbhealth.com/insights/articles/2018-10-04-reducing-errors-from-look-alike-sound-alike-medication-names-the-role-of-indications

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