Yes, if a medical practitioner's failure to prescribe the correct medication results in a patient's death, the deceased's family or legal representatives may be eligible to file a medical malpractice lawsuit.
Prescription errors are alarmingly prevalent, accounting for nearly 50% of all medical errors. They are a significant factor in causing medical errors to be the third leading cause of death in the US. The high occurrence and potentially fatal consequences of prescription errors highlight a critical issue in healthcare.
For families who have lost loved ones due to such mistakes, pursuing justice can provide a path to compensation and help hold healthcare providers accountable. Our prescription error lawyers at the Porter Law Group can guide you through this challenging process.
Have You Lost a Family Member Due to Wrong Prescriptions in New York?
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Types of Prescription Errors and its Consequences
There are various ways a doctor can make mistakes when prescribing medications to patients. According to a study from the National Library of Medicine, common medication errors that medical professionals make include the following:
| 1. Prescribing an Expired Product | This occurs when medications are stored improperly, causing them to expire. Expired medicines can cause the risk of bacterial growth, leading to more serious illnesses for patients. |
| 2. Prescribing with Incorrect Duration and Timing | Errors may happen when the duration of administering the medication is not clear (longer or shorter than necessary), or … If the instructions involve whether the drugs must be taken with or without food, which can affect the effectiveness of the medicine. |
| 3. Prescribing Incorrect Dose | This occurs when a patient is given a different dosage than what was prescribed, which may result in the risk of overdose, underdose, omission of, or an extra dose that can negatively affect the patient's health. |
| 4. Prescribing with Known Allergen | Dispensing a drug that the patient is allergic to is often due to poor communication. A failure to consider a patient's allergies could lead to more severe complications, such as anaphylaxis (severe allergic reaction) that can result in death. |
| 5. Distorted Prescriptions | Prescription mistakes may occur due to: - Bad writing - Misunderstood symbols - Abbreviations, or - Wrong translations Patients may receive the wrong drugs that can have serious consequences and lead to more severe illness. Some mistakes may also happen when the recommended medicine is unavailable and replaced by a non-prescribing clinician with a different drug. |
Any of the prescription errors mentioned above that resulted in illness or injury leading to the patient's death may hold the medical practitioner liable if it can be proven that the standard of care was not followed. Our medical malpractice lawyer can help you prove this negligence so that you can receive the compensation your family deserves.
How Wrongful Death Works in Prescription Errors
In New York State, the Estates, Powers, and Trusts Law (EPTL) § 5-4.1 provides the framework for wrongful death claims. This statute empowers the deceased person's legal representative to initiate a lawsuit against the party responsible for the fatal prescription error.
Time is of the essence in these cases, as the law imposes a strict two-year statute of limitations from the date of death for filing a wrongful death claim. Prompt action is crucial to ensure your family's right to pursue justice, and compensation is not forfeited due to legal time constraints.
Given the complexity and time-sensitive nature of wrongful death claims involving prescription errors, it's advisable to consult with experienced attorneys specializing in this area of law.
Compensation for Fatal Prescription Errors
A death of a loved one caused by a wrong prescription may compensate the families for various damages. These damages can be categorized as economic and non-economic losses:
| Economic Damages | Non-Economic Damages |
| - Past lost income - Future lost income - Lost earning capacity - Past & future medical bills - Rehabilitation and physical therapy | - Physical and/or mental impairment - Disfigurement - Pain and suffering/ Mental anguish - Loss of enjoyment of life - Loss of spousal services |
Medical errors are extremely complex, but the Porter Law Group has a proven record of success in this area of the law. Visit our recent results page to see some examples of the results we've obtained for our clients.
How to Prove Substandard Care in Medical Practice
An initial investigation is required before establishing a lawsuit. During the investigation, the medical malpractice experts aim to prove the following elements:
| 1. Duty of Care – Was there an appropriate doctor-patient relationship? |
| 2. Breach of Duty – Did your doctor fail to uphold their legally sworn responsibilities? |
| 3. Causation – Did your doctor’s mistakes directly cause you suffering/injury? |
| 4. Damages – What did these mistakes cost you (medically, financially, emotionally, etc.)? |
Note that prescription errors can occur not just due to the doctor's negligence but also to the pharmacists or nurses giving you the medication. These four elements can also be used to prove pharmacists' negligence.
Aside from proving these elements, your medical malpractice lawyer can gather evidence, officially file your case, and negotiate for your compensation.
Get Compensation After Losing a Family Member Due to Wrong Prescription
Our seasoned medical malpractice lawyers can always lend their hand.
Speak to a Prescription Error Lawyer Today
At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances.
We operate on a contingency basis – meaning you do not need to pay us anything unless we win your case. Through this approach, we can better support families during their times of need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
