Irvine Prescription Drug Errors Lawyer

A prescription drug error can have serious consequences, from side effects to failure to treat the actual illness to potential fatalities. A prescription drug error can be made by the prescribing doctor, by the pharmacy technician filling it, or by the pharmacist in charge of making sure the prescription is correct.

While you are recovering from injuries, it may be important to contact an Irvine prescription drug errors lawyer. An experienced medical malpractice attorney who can help fight for your right to recovery against the person who caused your injury, whether it was a medical professional, hospital, or pharmacy.

What Are Some Common Types of Prescription Drug Errors?

  • Improper dosage of medication
  • Wrong medicine prescribed or filled
  • Not recognizing an allergy that will be affected by the medicine
  • Not recognizing how the medicine will react with other medications taken by the patient
  • Failing to warn about potential side effects
  • Not providing proper directions on how to take the medication

California Prescription Drug Error Laws

California does not have any specific laws regarding prescription drug errors. Instead, these types of mistakes fall under the general category of medical malpractice. Under California’s civil procedure law, a patient has three years from the date of the injury or one year after the date of discovering the injury.

An exception to this time limit is if the person responsible for the prescription drug error committed fraud or intentionally concealed their mistake. Children have three years from when the act occurred to bring a lawsuit. If the child has more than three years before they turn eight, the number of years before their eighth birthday becomes the time limit for filing a lawsuit.

What is the Role of an Expert Witness?

When filing a case, an Irvine prescription drug errors lawyer may hire an expert who can inform the court or jury what the professional standard of care is for that profession. If the prescription error was made by a pharmacist, then the expert would need to show how pharmacists are expected to perform their duties. Then, the patient’s lawyer will need to show that their specific pharmacist failed to meet this standard. By doing so, the lawyer has established malpractice.

Comparative Negligence

California follows a comparative negligence model when it comes to calculating damages. This means that if the other side can show that the patient was also at fault for the injury, then the amount the patient can recover is reduced by the percentage they are determined to be at fault. If the jury finds the patient to be 20 percent negligent because they failed to read the directions, then the total amount the patient can be compensated will be reduced by 20 percent.

Working with an Irvine Prescription Drug Errors Attorney

By speaking to a lawyer, an injured patient can get a number of options to recover damages for their injuries. A person may want to avoid a legal dispute because of how long it can take and how expensive it may get. In this situation, an Irvine prescription drug errors lawyer may be able to negotiate directly with the medical professional, pharmacy, or hospital to reach an agreement. A lawyer can speak with the malpractice insurance company to see if they will cover the cost of the injuries.

If a patient does end up going to court, then the drug errors lawyer could help by first determining what the standard of care is for the professional who made the mistake. A lawyer could try proving that the other party did not act as they should have. If the patient is being accused of contributing to their own injury, the lawyer could counter that argument on their behalf.