Medication Error Lawyer in St. Louis
Fighting for St. Louis and Missouri Residents
When Medication Errors happen because of the negligence of a doctor, this is known as medical malpractice. Doctors and Medical Professionals receive specialized training that allows them to make the correct decisions when prescribing medicine, but unfortunately, the doctor or medical professional that you relied on did not. Because of their negligence, you or someone you care for is now suffering because of a medication error. Dealing with an issue as complex as a medication error can be intimidating when you aren’t aware of the laws and statutes surrounding a medication error claim. To ensure that you or your loved one receives the level of legal care and guidance that you deserve, you need a medication error lawyer. The Medication Error Lawsuit Lawyers of Dixon Law are prepared to fight on your behalf to ensure that you and your loved ones get the justice and recovery that you deserve for your medication error claim.
When we get sick or injured, we trust in doctors because we believe what they tell us about or ailments. We believe that through their years of study and practice, that they will know best how to treat our illnesses and that they will have our best interests in mind when it comes to the proper medical care for our illnesses. When a doctor’s training is complete, they must take an oath known as the Hippocratic Oath, in which they state that they will prescribe only beneficial treatments according to their abilities and judgments, that they will refrain from causing harm or hurt, and that they will live an exemplary personal and professional life.
Unfortunately, this isn’t always the case. When you or someone you care for has been injured because of a medication error, you deserve to be compensated for your injuries. No medication error should ever go unchallenged, and our St. Louis medication error lawyers are prepared to fight on behalf of you or your loved one. We understand how families suffer because of medication errors, and we are dedicated to ensuring that you or your loved one are properly cared for throughout the medicaton error case.
Why Are Pharmacists and Doctors Separate Anyways?
In most western countries, doctors do not deliver the drugs they prescribe. This tradition actually goes back hundreds of years. It is thought to prevent conflicts of interest for doctors. The theory is that if doctors could make money on every pill they prescribed, they would prescribe a lot of unnecessary drugs. Instead, doctors were supposed to get paid just for diagnosing a patient and then prescribing a treatment. Fast forward to modern times, and this debate is still going on.
The New York Times reported a few years ago on the growing trend of doctors dispensing drugs. Some doctors hire third party firms that help set up the pharmacies and work with drug companies to repackage medications for office sale. Then, the doctors and those middlemen can reap the profits of selling the drugs. It should not be a surprise that the pharmacy companies have been fighting back and trying to stop this practice. Doctors say they want to dispense their own drugs as a convenience to patients. Worker’ compensation patients, in particular, can spend a lot of time waiting for paperwork to get taken care of before they can obtain their prescribed medications. Many doctors also think that when doctors handle their own pills it can reduce medication prescribing or administration errors.
Making an Incorrect-Medication Claim
Doctors or pharmacists are generally going to be liable for damages they cause when their actions fall below the level of care that should be exercised by a professional of similar training and background. It is okay for doctors simply prefer one drug to another, but studies have exposed an alarming level of flat-out mistakes that likely reach the level of malpractice.
According to a study in the British Journal of Clinical Pharmacology, medication errors are common and most often caused by mistaken reading or writing of prescriptions and mistaken decisions by doctors in prescribing. Simple mistakes in transcription and bad handwriting account for many errors. Doctors also commonly make mistakes with prescriptions because they fail to get enough information about the patients and the drugs they are taking. The Institute for Safe Medicine Practices says that prescribing the wrong dosage or drug in the opioid category are the most common medication prescribing or administration errors. The most harmful involve the wrong dosage or type of insulin.
Our Medication Error Attorneys are standing by 24 hours a day, 7 days a week by calling (314) 208-2808.
Medication Prescription Errors
Because of long hours and intense, stressful work, medication errors have become the leading type of medical malpractice claims. Doctors and nurses work high-stress jobs that require long hours and intense attention to detail. When they aren’t provided with enough rest outside of work, they can be more prone to making errors. In some cases, Nurse or Practitioner burnout can also lead to a medication prescription error. Here are common reasons why prescription errors may happen:
- Failure to make patient aware of common side effects.
- Mislabeling of medication.
- Prescribing Medication that patient is allergic to.
- Impropper dosage (too much or too little).
- Knowingly prescribing conflicting medications.
- Administering medication to wrong patient.
- Incorrect instructions for taking the medication.
- Prescribed for the incorrect amount of time.
- Prescribing of ineffective medicine.
If you’ve been prescribed the wrong medication and any of the above reasons describe your situation, you need to speak with an experienced St. Louis medication error lawyer immediately. Even if we haven’t covered your particular situation, medication errors are common, and we may be able to assist you in pursuing legal justice against the doctor or pharmacy who made an error in your prescription. Medication Errors are avoidable and preventable errors that you or your loved ones should not have to suffer from.
Why should you choose the St. Louis Medication Error Attorneys of Dixon Law to Represent your Medication Error Claim?
The time allowed under Missouri law to file a medication error lawsuit is limited. Generally, a medication error case must be filed within two years of the date of occurrence. If the medication error claim involves a foreign object that was left in the body, the suit must be filed within two years of when the object was discovered.
If a loved one dies as a result of the medication error, Missouri law requires that the wrongful death lawsuit be filed within three years of the death.
Within 90 days of filing a medication error lawsuit in Missouri, the plaintiff must file an expert affidavit stating that a written opinion has been obtained from a legally qualified healthcare provider regarding the defendant’s negligence. The expert must conclude that the defendant failed to use such care as a reasonably prudent and careful healthcare provider would have under similar circumstances and that such failure to use such reasonable care directly caused or directly contributed to cause the damages claimed in the petition (RSMo. Section 538.225 ).
Compensation available in medication error lawsuits is often divided into compensatory damages and punitive damages. Compensatory damages typically cover such items as past and future medical expenses, lost income and pain and suffering. Punitive damages are awarded in cases in which the defendant’s conduct is considered willful, wanton or malicious.
If you are feeling incredibly sick after taking prescribed drugs, you may have suffered from some sort of medical error. It can be difficult to know exactly what went wrong, but the Dixon Injury Firm is willing to review your case at no charge to see if you have been a victim of negligence. Of course, anytime you feel sick you first need to receive appropriate medical help. After your safety is assured, try to bring us all the information you can. This should include any remaining pills and any paperwork from your doctor.
We offer free consultations to all medication error victims and the families of those wrongfully killed. To discuss your case, contact Chris Dixon and the St. Louis Medication Error Attorneys of Dixon Law as soon possible to prevent evidence from being lost or destroyed.