Who’s Legally Responsible if I Get the Wrong Drug?

Medical Malpractice Lawyer

If you are in a doctor’s office or a hospital, or if you fill a drug at a pharmacy, you expect the medication to be effective and help you regain your health. Drugs often have side-effects, and you should be alerted to what these may be. However, if the drugs have extremely adverse effects, or if no one informs you of these, you may have legal basis to sue.

Suing the Medical Provider

When you visit a medical professional for any number of health concerns, the provider may prescribe drugs to help you recover or to eliminate the disease or illness. The doctor or nurse is obligated to disclose the following information:

  • How the prescription medication will react with other medications you may be taking
  • How the prescription medication will react to your overall health and other conditions
  • Any known side effects of the medication

If the medical professional fails to inform you of any or all of these, you could have a valid malpractice suit on your hands. In addition, if the doctor or nurse carelessly or knowingly gives you medication they know will cause negative effects, you could bring a suit against them.

Suing the Pharmacist

There may be a situation in which the doctor prescribes the correct medication, but the pharmacist gives you the incorrect prescription. In this case, could also sue the pharmacist for reading the prescription wrong or for not dispensing the right amount. You’ll need to be able to prove that what the pharmacist game you was different from what the doctor prescribed.

Suing the Drug Manufacturer

What if neither the doctor, nurse or pharmacist are responsible for you getting the wrong drug? It could be a manufacturer error. For example, there could have been defects in the manufacturing of the drug or the manufacturing process in general. Another possible situation could arise where the manufacturer knows of the drug’s dangers but fails to disclose this on the list of side effects. In order to successfully win a case against such a company, you would need to provide liability on its part. In addition to hiring a skilled attorney, you’ll need to have testimony from an expert to support your claims.

Accusing a medical professional, pharmacist or medical manufacturer of giving you a harmful drug is a serious matter. If you can gather the necessary proof, you may be able to support a strong case and receive the compensation and help you need. Make sure you hire a competent, qualified attorney to help.

Resource: Medical Malpractice Lawyer Charlottesville, VA, MartinWren, P.C.

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