New York City Medication Error Attorney
Medication Mistakes in Brooklyn & the Surrounding Areas
Every day, millions of Americans take over-the-counter medications and prescription drugs to treat and address a wide range of conditions. Often, these medications are responsible for keeping people safe, healthy, and alive. But when doctors, nurses, and other healthcare professionals make mistakes in prescribing, administering, and providing drugs to patients, the results can be deadly.
According to the Food and Drug Administration (FDA), there are more than 100,000 reports of suspected medication errors every year in the U.S. However, because many cases go unreported, the real incidence of medication mistakes is likely much higher. Many of these instances result in catastrophic injury, life-threatening medical complications, and death. Victims of such events, as well as the surviving family members of those who died due to medication errors, could have grounds for medical malpractice lawsuits.
At Rubenstein & Rynecki, our New York City medication error attorneys are here to help you understand your legal rights and options. If you or someone you love suffered because of a trusted medical provider’s negligence or misconduct, our team can help you fight for the justice and fair compensation you are owed.
What Is a Medication Error?
A medication error occurs when a doctor, nurse, or healthcare provider makes an avoidable mistake when prescribing, administering, or otherwise providing a patient with a drug.
It is important to distinguish between a medication error and an adverse drug reaction; while medication errors are preventable mistakes typically stemming from negligence or misconduct, adverse drug reactions occur when a patient responds poorly to a drug. An adverse reaction could be the indirect result of negligence—for example, if a doctor fails to consider the interaction between a medication a patient is already taking and one the doctor is prescribing—it does not necessarily indicate medical malpractice. In some cases, there are no indications that a patient will respond negatively to a drug, and the doctor must simply react appropriately given the situation.
For a medication error to be considered malpractice, the doctor or healthcare provider must have failed to uphold the standard of acceptable medical care. This means that they did not act in the same way that another qualified provider would have in the same or similar circumstances. Only if a medication error results from substandard care can the victim (or their loved ones) file a claim for compensation.
Examples of Common Medication Mistakes
Some of the most common medication mistakes include:
- Overdose and underdose
- Providing the wrong medication to a patient
- Administering the wrong drug to a patient
- Failing to consider drug interactions
- Failing to account for a patient’s medical history
- Failing to consider allergies to medications
- Administering a defective drug
- Misreading/improperly filling a prescription
- Failing to provide a patient with proper instructions
- Administering the wrong form of a medication (intravenous, oral, etc.)
These and other medication errors can have devastating results. Patients may experience worsening symptoms or medical conditions that do not improve. They may suffer adverse drug reactions or negative drug interactions. In very severe cases, patients can even die due to medication errors.
How Do Medication Errors Happen & Who Is Liable?
There are many underlying factors that can lead to medication mistakes.
Some of the most common include:
- Poor communication between providers
- Illegible writing on prescriptions
- Use of abbreviations instead of full medication names
- Failure to obtain a patient’s medical history
- Lack of proper training
- Failure to follow standard procedures
- Defective labeling or marketing
These examples often constitute negligence and could serve as grounds for a medical malpractice claim. Determining who is liable for a medication error typically involves exhaustive investigation into how the error occurred and what underlying factors (if any) were present. For example, if a pharmacy dispensed the wrong medication to a patient because the pharmacy technician misread a prescription, the pharmacy could be liable. If a patient received the wrong dosage of a medication while hospitalized, the treating nurse or doctor—or even the hospital itself—could be legally responsible if the patient suffered injuries or died as a result of the mistake.
How an Attorney at Rubenstein & Rynecki Can Help
Medical malpractice cases, including those involving medication mistakes, are notoriously complex. It can be extremely difficult to prove that a doctor, nurse, pharmacist, hospital, or another healthcare provider was negligent or acted wrongfully, leading to your injuries. These entities and their insurance companies have powerful legal teams whose sole goal is to defend them against claims of misconduct, malpractice, and negligence. It is important that you also have a legal team on your side that can protect your rights and fight for the fair compensation you are owed.
At Rubenstein & Rynecki, our New York City medication error attorneys bring decades of experience to their practice. From our office in Brooklyn, we represent clients throughout NYC and the entire state, fighting on behalf of those who have suffered devastating injuries and losses as a result of medical malpractice and negligence. We have the resources—including access to medical specialists and expert witnesses—to fully litigate your case.
When you choose Rubenstein & Rynecki, you choose a team that will provide you with the compassionate, attentive, and personalized service you deserve. We have an open-door policy, meaning we are always accessible and available for our clients. Our firm can assist you in English, Spanish, Russian, Romanian, Greek, or Creole, and we do not collect any attorney fees unless/until we recover compensation for you.
To learn more, including how our New York City medication error lawyers can help you with your case, call (718) 522-1020. Your initial consultation is free.