Drug Litigation

Medical Malpractice Attorneys

If a medication error does not actually hurt a patient, he or she most likely does not have cause to file a lawsuit. But if a prescription or dosage error causes serious harm because of an allergy or defective product that has been recalled, contact Frenkel & Frenkel for assistance on seeking compensation.

If you were injured or a family member lost his or her life as a result of a medication error, uncovering who was responsible — be it a doctor, pharmacist, nurse, hospital or nursing home assistant — can be complicated. Our Dallas medical malpractice attorneys can be valuable resources and advocates.

Prescription Side Effects

Virtually every advertisement for a pharmaceutical drug will inform you, in a hurried and almost comical fashion, of their side effects. If these side effects aren’t disclosed – or if there is a mistake in the prescription process – you may have a medical malpractice claim.

Doctors and healthcare providers have a legal duty to patients when they prescribe medications. They need to assess the side effects of the current medication:

  • As a standalone medication
  • In relation to the patient’s health
  • In relation to a patient’s past medical history
  • In relation to other medications being taken by the patient

In addition, if a prescribed medication is administered through an injection in a doctor’s office or hospital, the healthcare providers must administer the correct medication and dosage in a medically-accepted protocol. Lastly, when pharmacists give out prescribed medications, they must always accurately read the doctor’s prescription and fill it with the correct medication and dosage.

Medical Malpractice with Prescription Drugs

In order to prove that a doctor, nurse, or pharmacist failed to comply with their legal duties in supplying or administering prescription drugs, you’ll need to review a few important elements:

  • Were you taking the medication exactly as they were prescribed to you?
  • If there was a failure-to-warn error, can you show that your doctor or label did not property advise you of any side effects you may be experiencing? 
  • If there was a dispensing error, was the medication dispensed differently than what was prescribed by your doctor? This could be either in the type of medication or its dosage.
  • If a prescription drug was wrongfully administered, was the wrong medication injected or or administered improperly?
  • Can you provide testimony to prove a link between the medication error and the resulting harm?
  • Can you show that you or your loved one has suffered damages that need compensation?

Steps to Take If You Suspect Prescription Dosage Errors

First, if you are suffering from a serious side effect, stop taking the medication.

Second, talk to your doctor if you feel that what you’ve experienced is beyond normal, anticipated side effects. It is good to document everything that you are observing, including what your doctor tells you and any side effects you are having. Store the medication, do not dispose of the mediation, container or warning labels.

Lastly, our Dallas medical malpractice attorneys are ready to help you get the compensation you deserve. Schedule a free consultation with Frenkel & Frenkel at 1-800-834-0000 regarding injury or death caused by a prescription error, mistaken administration of anesthesia, or other substance such as oxygen.