Most people trust that the medications they receive from medical professionals for treatment are safe and will improve their condition. Unfortunately, mistakes can cause a person to sustain serious health consequences. When you have been hurt, speaking with a determined medical malpractice attorney from Dannheisser Injury Law is crucial.

Fortunately, there are civil laws that protect you and allow you to seek damages from the responsible party. A Sarasota medication error lawyer from our firm can help you navigate the necessary steps to prove a healthcare professional is liable for damages you sustained.

Common Types of Medication Errors in Lawsuits

Some common types of medication errors leading to medical malpractice lawsuits include: 

  • Instruction mistakes 
  • Incorrect dosage amounts 
  • Prescribing the wrong medication 
  • Pharmacy medicine dispensing mistakes 
  • Improper medication or instructions or warning labels 
  • Harmful interactions with other medications the patient takes 
  • Lack of informed consent, which is when the physician or pharmacist fails to educate patients about the drugs they take adequately 

According to information from The Academy of Managed Care Pharmacy, medication errors are any preventable action by a doctor, pharmacist, or other certified healthcare provider that causes a patient to sustain harm from medication. A Sarasota attorney experienced in medication error cases can gather the vital evidence needed to establish the components of liability. 

Prescription Mistakes and Medical Malpractice

Prescription and other medication mistakes are a relatively common type of medical malpractice occurring in various types of healthcare settings. The lawsuits result from healthcare professionals failing to provide patients with the appropriate level or standard of care. Drug mistakes can have severe and even life-threatening or fatal consequences. 

Essential Rules and Regulations

Knowing and adhering to the essential medical malpractice statutes is crucial for successfully navigating the civil court process and collecting damages. 

Time Limit for Filing the Claim

In most cases, the statute of limitations for medical malpractice civil actions in Florida is two years. That means preparing and filing the claim within two years of the date the injuries occurred. 

Certificate of Merit

A Certificate of Merit is a court-required affidavit completed by a qualified doctor or other healthcare provider validating the validity of a medical malpractice lawsuit. The document demonstrates good faith and reasonable basis, and evidence exists to proceed with the case. A medication error lawyer in Sarasota must file the certificate with the petition within 90 days, or the court will dismiss the case altogether. 

Pure Comparative Negligence

The state civil laws follow a pure comparative negligence rule for medical malpractice claims. Under Florida Revised Statutes § 768.81, regardless of whether the patient shares fault for their injuries, they can collect compensation from the liable medical professional. 

However, the court deducts the injured person’s fault percentage from the award. Therefore, proving the full extent of the physician’s fault is vital for collecting a fair settlement.

Meet with a Sarasota Attorney for Help With Your Medication Error Case Today

When you have sustained harm after taking medicine a certified healthcare provider prescribed, fulfilled, or administered, you must hold them accountable. A claim for damages could allow you to seek the quality of medical care you need for recovery and cover other expenses while you are at home. 

A Sarasota medication error lawyer can help you understand your legal options. Contact Dannheisser Injury Law today to schedule a private consultation with a tenacious attorney.

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