Can I Sue if My Doctor Prescribes the Wrong Medication?

Can I Sue if My Doctor Prescribes the Wrong Medication?

When you seek professional medical attention, you automatically trust the caregiver’s expertise. Yet getting prescribed the wrong medication could be life threatening and it happens more often than we like to admit. If this has happened to you, there is a possibility it could be a medical malpractice claim. Through this claim, you can sue your doctor and, if successful, receive monetary compensation.

Proving your claim is a challenging feat, so you should consult with an experienced team of medical malpractice lawyers at Jan Dils. We have been working for over 20 years to fight for the rights of those who have been hurt by their medical providers. Here at Jan Dils, we will work endlessly to help you prove your claim, and if we do not recover compensation, you owe us absolutely nothing.

How Do I Know if I Can Sue for Being Prescribed the Wrong Drugs?

Medical malpractice can manifest in many ways. The main component for having a medical malpractice claim is having evidence that your care provider was negligent and breached their duty of care. When it comes to suing for prescription errors, you should call us if:

  • You were prescribed medication for an incorrect amount of time (too much or too little)
  • You are allergic to one of the ingredients in the prescription
  • The prescription has incorrect instructions or warnings
  • You were prescribed an entirely wrong medication

It is also important to consider if your medication was incorrectly prescribed by your doctor or if, in fact, it stemmed from the pharmacy or drug manufacturer. A lawyer can help identify the at-fault party who should be named on the suit.

What is Negligence and How Do I Prove it?

Negligence occurs when your doctor violates the standard of care, which means they act in a way that causes harm or worsens your injury. To prove a doctor’s negligence, you must first establish that you had a doctor-patient relationship, which can be proven through a record of appointments, treatments, and prescriptions.

The second step is to display that your doctor violated the standard of care through negligence. A common way to prove negligence is to have an expert witness in the same field of medicine testify that they would have acted differently than your doctor did.

After establishing that your doctor violated the standard of care, you must prove that your doctor’s actions in prescribing you the incorrect medication worsened or caused your illness or injury.

Talk to the Jan Dils Team About Suing a Doctor for Prescribing the Wrong Medication

Proving negligence is tricky, especially when it comes to the actions of a medical professional. Here at Jan Dils, our experienced personal injury attorneys will help you determine if you are eligible for compensation. The financial stressors of legal representation should not burden you, which is why we only take a fee for our services if we obtain a monetary recovery. Call us today for a free case consultation.

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Jan Dils, Attorneys at Law

Jan Dils, Attorneys at Law