When we are sick or injured, we turn to health care professionals for diagnosis and treatment. That treatment often includes taking medications prescribed by a doctor or other health care professional. What happens, however, if a mistake causes that medication to make you worse, not better? Can you sue for medical malpractice in Orlando if a medication mistake caused you injury?
If a medication mistake, such as being prescribed the wrong dosage or medication, experiencing a dangerous interaction, or not being warned about side effects, Florida law may entitle you to pursue compensation for your injuries in a medical malpractice lawsuit. At Bailey Fisher PLLC, we have more than half a century of combined successful legal experience both in and out of the courtroom. We will aggressively pursue the at-fault party (or parties) to ensure that they are held accountable, and you are justly compensated for all your injuries.
How Can a Medication Mistake Cause Injury?
Medication is prescribed by a health care provider with the goal of healing an illness or injury or at least helping to manage the symptoms of that illness or injury. It is certainly not intended to make the patient worse. When a medication mistake occurs, however, it may not only fail to help with the underlying medical issue but may make that issue worse and/or create additional problems. The wrong dosage or wrong medication, for example, can cause a serious adverse reaction, including death. Failing to identify and warn a patient about potentially dangerous drug interactions or side effects can also lead to serious—even fatal—injury.
Can Victims of Medication Mistakes Sue for Medical Malpractice in Orlando?
Although we use the term medication “mistake,” the reality is that many “mistakes” are actually the result of negligence on the part of a health care provider. While a true mistake may not be legally actionable, an injured victim can sue when a provider’s negligence caused or contributed to the injuries, if the injuries are serious and permanent. Fortunately, even when medication errors occur, they often do not cause serious or permanent injury, but when they do you need the advice of lawyers who know how to evaluate the issues and pursue a claim for you or a loved one.
In Florida, medical malpractice requires the victim to prove negligence on the part of the defendant. Medical negligence occurs when a doctor or other health care professional commits a breach of the “standard of care.” The “standard of care” essentially looks at what another medical expert practicing in the same field would have done under the same circumstances.
An injured victim, or a surviving family member of a fatally injured victim, may be entitled to recover both economic and non-economic damages in a Florida medical malpractice lawsuit, including (but not limited to) compensation for:
- Mental anguish and suffering
- Diminished capacity to enjoy life
- Physical pain and suffering
- Family members’ loss of companionship, guidance, and services
- Lost income and support
- Decreased earning capacity
- Medical expenses
Do I Need an Attorney for an Orlando Medication Mistake Medical Malpractice Lawsuit?
Medical malpractice is a highly specialized and complex area of the law. Although it falls under the same general area of the law as other injury lawsuits (such as a car crash lawsuit), there are additional laws and procedures that apply when pursuing a medical malpractice claim.
Another factor that makes medical malpractice claims complicated is that they frequently involve multiple defendants. For example, if you were injured because of a dangerous drug interaction, you might name the prescribing physician, hospital where you were treated, the pharmacy where the prescription was filled, and the pharmacist who filled the prescription as defendants in your medical malpractice lawsuit.
Finally, proving that a health care provider breached the “standard of care” requires expert testimony from another similar health care provider. For all these reasons, it is in your best interest to have an experienced Orlando medication error attorney on your side if you plan to pursue a medical malpractice lawsuit.
Get the Help You Need from Orlando Medical Malpractice Attorneys
If a medication mistake committed by a health care professional caused you to suffer serious, permanent physical and/or emotional injuries, you may be entitled to sue for medical malpractice to recover damages for those injuries. Having an experienced Orlando medication error attorney on your side is the best way to ensure that you are fully and fairly compensated for all your injuries.
At Bailey Fisher, we are dedicated to protecting your rights and explaining your legal options as the victim (or surviving family member) of a medication mistake. Most medical malpractice cases are settled without the need to go to court; however, if it is necessary to take your case to trial to ensure that the negligent parties are held accountable, and you are justly compensated we will aggressively litigate on your behalf. We will zealously advocate for you to ensure that you receive the maximum compensation available for your medical expenses, lost income, pain, and suffering.
Call us at 407-628-2929 or submit our online form today. One of our experienced Orlando medical malpractice attorneys will evaluate your case for free and advise you on the next steps.
