Medical Malpractice Attorneys Who Specialize in Recovering Compensation for Patients Injured Due to Medication Errors
Proudly Serving Stamford, Danbury, Bridgeport and all of Connecticut
Medication errors can occur in any medical environment at any stage of the medical treatment process. Every year, medication errors affect over one million patients. In many of these instances, patients suffer unnecessary and painful injuries.
Medication Errors Are Preventable
The vast majority of medication mistakes are preventable; and after all is said and done, investigations almost always reveal that a medication error occurred because of a provider’s inattention to detail, such as in the following instances:
- Sloppy and/or incomplete note taking
- Illegible handwriting
- Typing orders into the wrong patient’s electronic chart
- Mistyping drug name and dosage information (e.g., typing 50mL instead of 5 mL) into the patient’s electronic chart
- Grabbing the wrong medication because the packaging is similar to other types of medications
- Providing patient care in an environment where medical staff members are hesitant and even fearful of asking questions and double-checking orders
- Busy hospital units, overworked healthcare professionals, and tired medical staff
- Similarity between the medical conditions of multiple patients
- Failing to apply medical knowledge as well as common sense when providing a patient with medication
- Poor communication between medical care providers during shift changes
- Incomplete or total lack of research into a patient’s medical history, known allergies, and current medication list
- In many cases, a quick call to the patient’s pharmacy or primary care physician can confirm a complete list of a patient’s current meds and any information regarding allergies and/or past drug interactions.
- Failing to search central online databases to identify a patient’s past, current, and frequency of controlled drug prescriptions
Some Medication Errors Cause Serious Temporary or Permanent & Irreversible Personal Injuries
While some medication mistakes luckily result in no harm to patients, the reality is that many medication errors cause terrible injuries to those on the receiving end. Even the administration of a seemingly harmful medication such as amoxicillin can result in devastating consequences to a patient allergic to the drug.
Some medical errors are more common than others. At Berkowitz and Hanna LLC, our medical malpractice legal team has successfully brought many cases against hospitals, physicians, other medical care providers, and pharmacies for their medical errors such as the following:
- Providing an incorrect dosage of a medication – via administration or prescription
- Providing a patient with the wrong medication at any stage of treatment
- Failure to administer medication when appropriate and medically necessary
- Providing a medication that may negatively – and even fatally – interact with a patient’s current medications and/or current medical conditions that the treating provider and/or the pharmacist knew or should have known about
- Providing medication to a patient with an allergy to the drug that the treating physician and/or pharmacist knew or should have known about
- Providing medicine – particularly a narcotic – to a patient, which directly results in an overdose (e.g., in instances where the provider knew or should have known that an overdose was possible based on physical observations, basic lab work, and/or a simple database search into the history of a patient’s controlled substance prescriptions)
- Improperly and carelessly providing narcotics and other addictive medications to a known drug seeker, doctor shopper, or recovering addict (e.g., A simple database search of a patient’s controlled medication prescriptions would provide information in this regard.)
All Medical Malpractice Cases – Especially those Involving Allegations of Medication Errors – are Complicated, Difficult, and Require Only the Most Experienced and Reputable Attorney and Legal Team
All personal injury cases are unique and present certain challenges. The burden of proof falls on the party claiming personal injury that 1) the defendant had some sort of duty to the injured party; 2) that the defendant breached said duty; 3) and that the defendant’s breach of said duty directly caused; 4) personal injuries to the party bringing the lawsuit. The injured party must prove each of these elements by a preponderance of the evidence.
Injured parties claiming medical malpractice must prove all of these elements PLUS provide additional evidence (through medical experts) regarding the appropriate medical standard of care and how the defendant specifically breached said standard.
Duty: In almost all medical malpractice cases, it is relatively straightforward to establish that a doctor-patient relationship existed and that the provider had a duty to provide reasonable medical care to his or her patient.
Breach: However, sufficiently demonstrating that the medical care provider breached that duty is very difficult and may be an uphill battle.
- Like all medical malpractice cases, an alleged medication error is measured and analyzed against the actions or inactions of healthcare providers in a similarly situated scenario.
- Essentially, this means that the defendant’s actions are analyzed and compared to the actions (or inactions) of other physicians faced with a similar set of circumstances. If the injured party sufficiently demonstrates that the defendant physician’s actions fall outside the scope of what other physicians have done or would have done – thereby resulting in a medication error – there is a promising chance that the injured party will succeed in his or her medical malpractice case.
- Conversely, if through medical expert reports and testimony, the defendant physician is able to show that his or her actions were in line with what other physicians have done or would have done in similar circumstances, the injured party may be unsuccessful in his or her case.
- The theory behind this significant and thorough analysis is that all medical treatment comes with certain risks. Not all treatment resulting in a patient’s injury is medical malpractice. Medical malpractice exists only when a medical provider acts or fails to act in a manner that falls short of the ever-important appropriate medical standard of care.
Causation & Injury: A physician may be liable for medical malpractice only if he or she commits a medication or prescription error that directly results in harm and injury to the patient. Medication errors – even blatant ones – that do not directly cause injury to a patient – are not instances of medical malpractice.
Berkowitz and Hanna LLC: Providing a Thorough and Honest Evaluation of your Case
In order to initiate a medical malpractice case, such as one based on a medication error, Connecticut law mandates that the injured party’s attorney first conducts a reasonable and thorough investigation to determine if, in good faith, a viable claim exists. The Berkowitz and Hanna LLC medical malpractice legal team has extensive experience reviewing and investigating medical records, witness statements, applicable statutes and case law, and seeking medical opinions regarding the facts, the applicable standard of medical care, and causation.
We meet as a group to discuss your case; we converse with one or more of our trusted and experienced medical experts; and we closely analyze current trends, case law, and best practices in this highly-specialized area of law. Our goal is to identify all possible legal theories that may apply to your specific circumstances.
At each stage of our investigation into your extremely personal situation, we pledge to provide you with an honest, insightful evaluation of your case and whether we can in good faith initiate litigation.
Our Substantial Recoveries for Our Clients Injured Because of Medical Errors
Every medical malpractice case is unique; and at Berkowitz and Hanna LLC, we never guarantee a victory or promise that you will recover a financial compensation. In fact, we urge you to be very wary of any law firms touting such guarantees.
That being said, we are very proud of our track record and have obtained very favorable outcomes for a number of our medical malpractice clients injured because of medical errors. A few of our victories include the following:
- $1,750,000.00 medical malpractice settlement against a hospital on behalf of a male client who experienced a psychotic reaction to medication administered to him by said hospital for a rash and which led him to jump out a 3rd-floor hospital window and sustain a traumatic brain injury.
- $1,400,000.00 wrongful death medical malpractice award on behalf of the estate of a 31- year old client who was negligently overdosed with a combination of medications by a group of hospital physicians.
- $1,250,000.00 medical malpractice recovery on behalf of a plaintiff who was improperly administered medication causing him to sustain brain damage.
Talk to a Connecticut Medical Malpractice Lawyer TODAY
If you believe that you have been harmed by a medication error, you should speak with an experienced medical malpractice attorney about your legal rights. The Connecticut medical malpractice attorneys at Berkowitz and Hanna LLC are experienced in handling injury and wrongful death cases involving medical negligence and malpractice such as prescription mistakes.
To schedule a case evaluation with a qualified and committed medication errors attorney in Connecticut, call us today at (203) 487-5725 or send us a message via our online form.