Medication Error Attorneys Serving Clients in Phoenix & All of Arizona
Patients have a right to expect that their doctors will take appropriate care when prescribing medications. Sadly, medication errors are extremely common. A Phoenix medication error lawyer can pursue fair compensation if you or a loved one was prescribed the wrong medication, suffered an adverse reaction, or received the wrong dosage.
Burg Simpson has extensive experience advocating for the victims of medical errors. Our Phoenix medical malpractice attorneys have the knowledge, skills, and resources to prepare a strong claim and fight for justice on your behalf.
Did you suffer injury or lose a family member due to a medication error? Call Burg Simpson at 602-777-7000 today for a FREE and confidential case evaluation. Our Phoenix medication error lawyers serve clients throughout Arizona.
Why Choose Us?
- Our firm has more than 45 years of experience in personal injury and medical malpractice claims.
- We have in-depth knowledge of medication error litigation.
- Our attorneys have recovered more than $2 billion in settlements and trial awards across a wide range of cases.
- We have obtained recognition as elite medical malpractice lawyers, achieving multiple awards and accolades.
- Access to a wide range of expert witnesses enables us to build effective cases for our clients.
What Is a Medication Error?
The National Coordinating Council for Medication Error Reporting and Prevention (NCCMERP) provides a concise definition of medication errors:
“A medication error is any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.”
– NCCMERP
Medication errors can take place anywhere in the health care system, whether it is in the prescription, dispensing, or monitoring of medications. Approximately 1.5 million patients fall victim to medication errors every year, leading to a minimum of $3.5 billion in hospitalization costs annually.
Types of Medication Errors
Adverse drug events may be serious, potentially resulting in life-altering injuries or even death. Doctors and other medical practitioners need to be held accountable for the harm they cause.
The most frequently cited medication errors include:
- Wrong medicine administered
- Medicine administered to the wrong patient
- Improper dosage
- Wrong medication for the condition
- Wrong medication based on medical history
- Improper prescription combination
- Medication administered to intoxicated patient
- Experimental medication administered without proper consent
Patients are not always aware that the harm they suffered is due to medical negligence. Attorneys at Burg Simpson quickly and thoroughly investigate medication errors to uncover evidence of malpractice. With our contingency fee agreement, you are not responsible for legal fees unless we win your case.
How Do Medication Errors Happen?
Any number of factors may lead to medication errors. The most common include:
- Miscommunication
- Poor handwriting
- Lack of proper procedures, techniques, and/or adherence to established protocol
- Improper/unclear labeling
- Failure to examine patient’s medical records for drug allergies
- Failure to examine patient’s medical records for other drugs
- Failure to adjust dosage based on changes in health
- Insufficient manufacturer warnings
Medical professionals frequently blame their mistakes on stress, incomplete product information, or inadequate training. A Phoenix medication error attorney can get to the bottom of the injury and pursue maximum compensation on your behalf.
Who Is Legally Responsible for Medication Errors?
One or more parties may be responsible for a medication error. Our lawyers closely examine the actions of all providers involved in your care for signs of negligence. This includes:
- Doctors: Physicians and specialists diagnose medical complaints. They often prescribe medications. A doctor may be held liable if they prescribe the incorrect medication, fail to advise the patient of known side effects or drug interactions, etc.
- Nurses: Registered nurses, licensed practical nurses, and advanced practice registered nurses administer medications to patients in healthcare settings. If a nurse administers the wrong dosage of medication or gives the wrong drug to the wrong patient, they may be liable for subsequent injuries.
- Pharmacists: Pharmacists are responsible for filling prescriptions and providing patients with information on the proper use of medications. They may be held liable if they fail in these duties and a patient suffers harm.
- Hospitals: Liability for a medication error may extend beyond individual practitioners. Hospitals and other medical facilities may be liable if they fail to train employees or implement procedures for the safe administration of medications.
Liability can be a highly complex issue in medical malpractice claims. If you or a loved one suffered a medication injury, we urge you to consult a knowledgeable attorney as soon as possible. Our Phoenix medication error lawyers can determine who is at fault and fight to hold them accountable.
Do You Have a Claim?
The elements of a medication error claim are duty, breach of duty, causation, and damages. First, you and your attorney must prove that (a) one or more healthcare providers owed you a duty of care and they (b) breached this duty through negligence. Then, you need to prove that the error (c) caused your injury and (d) resulted in compensable damages.
How Much Compensation for Medication Errors?
Medication errors may worsen the prognosis for an existing medical condition. They may also cause new medical issues or result in serious injuries that can diminish quality of life. You may be entitled to significant compensation for a medication injury. A medication error lawyer in Phoenix can calculate your losses and seek to maximize your recovery.
Damages you may be entitled to for a medication error include:
- Additional medical expenses, including surgery, hospitalization, etc.
- Rehabilitation and therapy
- Future medical costs
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Mental and emotional anguish
- Physical impairment or disability
- Loss of enjoyment of life
Medication errors may also be deadly. Our team can explore your legal options if
a member of your family died after receiving the wrong medication, the wrong dosage, etc. Through a wrongful death claim, you may be able to recover compensation for losses such as funeral and burial expenses, loss of income, loss of companionship, and more.
Do I Need a Medication Error Attorney?
Healthcare providers and hospitals are often protected by large insurance companies. They vigorously combat medical malpractice claims. Without legal representation, patients may struggle to hold these defendants responsible for errors and adverse events.
Hiring a skilled medication error attorney gives you the best chance at recovering compensation. Our lawyers have advocated for numerous patients who have been injured as a result of medication errors. We are committed to overcoming the challenges in these cases, such as proving medical negligence, establishing clear causation between the medication error and your injuries, and quantifying all damages.
Medical malpractice cases are often resolved through settlement negotiations, but it is sometimes necessary to file a lawsuit and (ultimately) go to trial. Burg Simpson is capable of representing you throughout the entirety of your claim, from negotiating a fair settlement to preparing for trial to presenting the matter in court if necessary.
Contact a Phoenix Medication Error Lawyer Today
Qualified legal guidance is essential for obtaining the compensation you deserve following a medication error. Our attorneys have the experience, resources, and skill to navigate these complex claims. We collect all applicable evidence and enlist renowned experts to help us protect your rights and attain a favorable outcome.
Learn how a Phoenix medication error attorney at Burg Simpson can help with your claim. Call 602-777-7000 today for a FREE case evaluation. You do not have to pay fees unless we reach a settlement on your behalf or win your case at trial.
Frequently Asked Questions About Medication Error Claims
Can You Sue for Being Put on the Wrong Medication?
You may be able to sue for being put on the wrong medication if you can show that the error occurred due to the negligence of a doctor, pharmacist, or hospital. Furthermore, you will need to establish that taking the wrong medication caused you harm.
Examples of negligence on a doctor’s part may include prescribing the wrong medication for your complaint or mistaking one drug for another. Alternatively, a pharmacist may negligently dispense the wrong medication and fail to catch the error.
How Long Do I Have to Make a Claim?
In Arizona, the statute of limitations for medical malpractice claims is generally 2 years from the date of the error (see Arizona Revised Statutes (ARS) § 12-542). Additional time may be granted if a provider’s negligence is not discovered (or could not have reasonably been discovered) within this time limit.
You should speak with an attorney as soon as possible if you have reason to believe that a medication error caused you harm. This is critical for protecting your rights and ensuring there is sufficient time to file a lawsuit if necessary.
How Much Is a Medication Error Settlement?
Medication errors can result in a wide range of injuries. Every case is different, so it is important to speak with an experienced medication injury lawyer who can provide an honest assessment of your claim and calculate a fair settlement. Factors your attorney will consider include:
- The severity of the injury
- Your current and future medical needs
- Types of assistance you may require, such as home-based care
- Medical expenses to date, as well as any future costs
- Impact on your income and earning ability
- Day-to-day physical pain
- Loss of mobility, function, or independence
- Impact on your relationships with family members
Defendants and insurance companies will probably try to pay less than you deserve. This can make it challenging to obtain a settlement that fairly compensates you for your losses. Our lawyers are skilled negotiators who refuse to settle for less than our clients deserve.
What Is the Legal Action for Medication Errors?
Medication error claims are generally a type of medical malpractice action. When filing a lawsuit for a prescription error, you need to establish that the negligence of a licensed health care provider led to your injury. “Licensed health care providers” who may prescribe medication include doctors and surgeons, osteopaths, nurses, physician assistants, and dentists.
In Arizona medical malpractice claims, the initial filing must state whether expert witness testimony is required to prove negligence on the part of the provider. Claimants then have 60 days to provide a preliminary expert opinion affidavit in which a qualified expert addresses the factual underpinnings of the case and the expert’s opinion on how the defendant(s) violated the standard of care (see ARS § 12-2603).
The medication error attorneys at Burg Simpson have relationships with preeminent medical experts. Our in-depth understanding of Arizona’s expert witness requirements and the rules of evidence enables us to represent you effectively in all aspects of a medical negligence action. This may include filing a lawsuit and going to trial if necessary.
What Should You Do If You Suspect You Are the Victim of a Medication Error?
Potential signs of a medication error include severe side effects, lack of relief from the symptoms of an underlying medical condition, and new health problems. If you experience any of these issues, you should:
- Seek medical attention ASAP. Your health should be your number-one priority. A qualified physician can advise you whether to stop taking a certain medication and any other necessary steps.
- Document everything. This includes the medications you are currently taking, appointments, treatments, and bills.
- Keep all packaging and paperwork. The bottle or box in which a medication comes and the directions and warnings provide important information about the drug. Be sure to keep any packaging and documentation, as these could provide proof of the error that caused you harm.
- Report the medication error. Prescription errors may be reported to state authorities such as the Arizona Medical Board, Arizona State Board of Pharmacy, and/or the Arizona State Board of Nursing. Reporting errors due to medical negligence may prevent other patients from suffering the same fate.
- Speak to an attorney. If you believe a prescription error was the result of medical malpractice, you should contact a Phoenix medication error lawyer to discuss your rights.
Medication errors can have serious implications for a patient’s health, finances, and future. It is vital to understand your legal options and take immediate steps to pursue the compensation you deserve.
