Does a Prescription Drug Overdose Count as Medical Malpractice?
Millions of Americans rely on prescription medications to manage medical conditions and diseases. While patients are responsible for taking prescriptions as directed, they must also put their trust in prescribing doctors and the pharmacies that fill their prescription orders. A prescription drug overdose can be fatal or cause permanent medical complications for some patients. Such an event may be the result of the patient’s error in following the prescription’s directions, but others can result from doctor or pharmacy errors. In the latter case, injured patients can seek compensation for their damages through medical malpractice claims.
Prescription Best Practices for Patients
When a patient receives any type of prescription medication, it’s vital to follow the prescribing doctor’s instructions for taking that medication. Some patients may need to take medications with food or follow daily dosage schedules. Some medications have strict instructions for use and appropriate times to take them. For example, a prescription known to cause drowsiness as a side effect may instruct patients to take it before bed rather than first thing in the morning.
After receiving any prescription, review the dosage amount, frequency, and delivery method with your doctor. He or she should also go over the known side effects and possible interactions with your current medical conditions or other medications you take regularly. Some medications will have dietary restrictions, so be sure to follow these instructions, as well. If any aspect of your prescription is confusing, ask your doctor or the pharmacy to clarify. When you pick up a filled prescription, check the pharmacy’s notes, and make sure the label on the bottle matches the description of the medication you received. For example, if the prescription bottle reads “green and white capsules with ABC123 printed” and your pills are red tablets, there has likely been an error or mix-up with another prescription.
When Patients Need to Take Legal Action
A prescription drug overdose is only grounds for a medical malpractice claim if someone other than the patient made an error with the medication that results in harm to the patient. Some examples of situations that may lead to medical malpractice claims for prescription medication errors include:
- Dosage errors
- Prescribing doctors must take a patient’s medical history and current medications and medical conditions into account before prescribing a medication. Prescribing too little can be ineffective for the patient’s condition, and too much can cause an overdose. Pharmacies have a responsibility to fill prescriptions accurately per the prescribing doctor’s instructions. For example, if a pharmacy mistakenly fills an order for 100 mg pill medication with a 1000 mg variation, the patient will be taking a much higher dose than prescribed and will likely suffer an overdose.
- Prescribing the wrong medication
- Many prescription drugs have names that sound like the names of other drugs. Doctors need to ensure their prescriptions are legible and provide patients with information about the drugs they prescribe, including their known side effects and risks. Pharmacies that fill prescriptions erroneously with similar-sounding medications can severely injure patients.
- Failure to warn
- Prescribing doctors must fully inform patients about the risks and benefits associated with any suggested treatment. This is “informed consent,” and a doctor who fails to meet this obligation is liable for any resulting injuries.
- Mislabeled medications
- Pharmacy storage errors, shipping errors, and production errors could cause serious problems. A mislabeled medication may indicate the wrong medication, the wrong dosage, or exclude vital information for the contents. These issues may result in medical malpractice claims if a pharmacy or doctor mishandled and mislabeled medications and may lead to product liability claims against drug manufacturers if they erroneously labelled products before shipping them. Consult with a defective product attorney if you need assistance with a product liability claim.
When any of these issues or other errors cause harm to patients, injured victims should secure legal representation from reliable medical malpractice attorneys to pursue compensation for their damages. Prescription drug overdoses can cause long-term medical complications, disabilities, and may cause a patient’s original condition to worsen. All these issues can lead to increased medical expenses, pain and suffering, lost wages from missed time at work, and various other types of damages.