Asheville Medication Error Lawyers
Holding Negligent Parties Accountable for Your Injuries
Errors with medications are all too common. The Center For Disease Control (CDC) reports that over a million people need emergency room care every year due to an adverse reaction to prescription medication. About one-third of those patients end up being hospitalized. No less concerning are studies that show 20% of medications in hospitals are given in error. Some of these sad cases are the result of medical malpractice, and getting restitution can depend on the quality of your attorney. We have over 30 years of experience working with clients to identify the right defendants and hold them accountable.
Call (828) 383-8414 or contact us online to set up a free consultation.
Who’s Liable for Medication Errors?
One of the first challenges in bringing a medication error lawsuit is the need to identify the target. The negligent party can include the doctor who prescribed the medication, the nurse who administered it, the pharmacy that distributed it, or the manufacturer that produced it.
The Nurse
You’re lying in your hospital bed, finally able to get a few hours of uninterrupted sleep. The nurse comes by to give you your medicine, but the nurse mistakes you for the patient in the room next door and gives you the wrong medicine.
This is a case of a nurse being negligent, although it could be something deeper. A nurse that’s been pushed to the physical and mental edge due to short staffing might be less culpable. In that regard, your attorney might target the hospital who structured the schedule and work environment. You have a case regardless but getting the target right might make the difference in your settlement.
The Doctor
Your doctor has a professional responsibility to properly diagnose you, and then to accurately explain the medication. This means explaining side effects and ensuring you understand how to take the medicine. A failure to take reasonable efforts to inform you of how the medication works and how to take it can make the doctor the appropriate target in a medication error lawsuit.
The Pharmacy
An incorrect dosage of medication can have serious consequences. Perhaps your doctor got the prescription right. You’re following the instructions that were given to you, by both your doctor and by what’s on the label, only the pharmacy put the wrong dosage — or worse, the wrong medication entirely — into your container.
The Manufacturer
The doctor gave you the right prescription. The pharmacy filled it accurately. You’re taking the medicine according to your instructions. Yet, you still suffer an injury. The problem might be the source, with the company that produced the medication.
Bringing in a lawsuit against the manufacturer moves into the product liability area. The state of North Carolina gives plaintiffs a high legal bar to clear in product liability cases. Our state does not use the principle of strict liability. What that means for plaintiffs is that it’s not sufficient to simply demonstrate damages suffered from the medication. It means negligence must be proven. That requires an intense legal process of discovery, to get a look at how the company’s internal processes work.
Medication error cases are not easy to win, but they can be won, as the track record of Hensley Cloninger & Greer demonstrates. We have over 30 years of experience winning fair settlements on behalf of injured clients. We know how to investigate a case; we understand the questions that need to be asked; and we know what documentation has to be secured. When you need help with your case, trust a firm that’s shown they understand what it takes to win.
Call (828) 383-8414 or contact us online to set up a free consultation.
