Medication Error Lawyers
Medication errors cause injuries across California and the U.S. regularly. These errors can result in physical and mental injuries to the patients who endure them. Medication error lawyers in California advocate for victims’ rights to recover monetary damages from these medication error-related injuries.
As you age, it is common to rely on medications for optimal health. You trust your doctor to write the correct prescription for your medications, and you rely on your pharmacist to fill those prescriptions accurately. When you enter a hospital for treatment, you expect the medical professionals to provide you with a certain level of care that includes administering the correct medications.
When mistakes happen in a medical setting, the results can be disastrous. Administering the wrong medication or dose can cause long-term effects or even be fatal. Absentmindedly filling a prescription with the wrong medication is not a harmless mistake. Instead, it may carelessly endanger your life.
The California medical malpractice attorneys at Cutter Law can help you hold the negligent parties responsible for their actions. They can help you recover the compensation you deserve for enduring physical and emotional injuries caused by a medical professional’s reckless behavior.
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Why choose Cutter Law as your California medication errors lawyer?
Together, the team at Cutter Law has 130 years of combined legal experience fighting injustices. We have recovered hundreds of millions of dollars in damages for previously wronged clients, including several multimillion-dollar verdicts and settlements.
Our skilled legal team recovered a $240 million settlement in an exceptional medical case for clients the defendants had wronged, along with numerous other successful verdicts and settlements such as:Â
$240 Million
Trial attorney Brooks Cutter took a lead role in a nationwide case against Boston Scientific and Guidant following a recall of the manufacturer’s pacemakers and cardiac defibrillators.
$7.6 Million
Medical malpractice jury verdict on behalf of a young woman who suffered a spinal cord injury after doctors failed to diagnose a tumor on her spine.
$ 2.4 Million
Brooks Cutter and Margot Cutter won a $2.4 million dollar verdict on behalf of the children of a man who died after a staff doctor at a hospital lied and transferred a patient to another hospital that was not equipped to handle the patient.
$220 Million
Appointed by the federal court to the plaintiffs steering committee in the Medtronic Sprint Fidelis case on behalf of patients injured by defective defibrillator leads, ultimately ending in a successful settlement for our clients.
Our medication error injury attorneys are dedicated to seeking justice and appropriate damage recoveries for all injured clients. At Cutter Law, we understand how to hold the liable parties accountable for their actions.
What is a medication error?
A medication error is a preventable accident that results in injuries due to the wrong medication being used or the right medication being withheld. Between 7,000 and 9,000 people die annually in America due to medication errors. The cost of caring for patients suffering from medication errors is more than $40 billion annually and affects more than 7 million patients. These patients frequently suffer from physical and psychological pain because of the error.
Common Types of Medication Errors
A wide variety of medication errors exist. However, most fall into a few categories. These are some of the common types of medication errors:
- Improper dose
- Incorrect administration method
- Unauthorized drug
- Wrong time
- Omission
Causes of Medication Errors
The most common causes of medication errors include the following:
- Mistakes involving dosage
- Confusion between products with similar packaging
- Confusion between similarly named medications
- Incorrect drug selected from a drop-down menu
- Illegible handwriting
- Failure to communicate drug orders
If you or a loved one have suffered from a medication error, an experienced medical malpractice lawyer can help you file a legal claim to recover your damages.
Liability in California Medication Error Lawsuits
A medication error may result in minor discomfort or cause a fatal reaction. When a medication error causes serious harm, it’s normal to want to know who to blame.
Proving Liability for a Medication Error
In the case of a medication error, determining liability can be tricky. For example, liability can depend on whether a medical professional prescribed the correct or incorrect medication. If a medical professional administered the correct medication but in the wrong amount, they are likely liable. However, it may be possible to hold the employer liable for the acts of the medical professional through the legal doctrine of vicarious liability.
Comparative Negligence
California is a comparative negligence state. Some states ban victims from recovering damages if the victim shared any responsibility for the accident. California does not subscribe to that doctrine. Instead, California’s comparative negligence laws allow victims to recover the proportion of the damages caused by the negligent party. If the court found the negligent party 45 percent responsible for the medication error, you would be entitled to 45 percent of the damages, which may still be a significant award.
Determining How Much Your Case is Worth
Each medication error lawsuit is unique. Therefore, it is impossible to estimate the value of your claim without careful analysis. Even then, an unanticipated punitive damages award can disrupt any estimate. Your claim could be worth several thousand dollars or several million.
Much will depend upon the out-of-pocket costs accrued due to the medication error and any non-economic damages, such as pain and suffering, experienced by you or your loved ones.
There are three types of damages courts may award you.
- Economic damages are relatively easy to assign a dollar value. These could include medical bills, lost wages, or therapy to aid in the recovery.
- Non-economic damages are quite difficult to assign a dollar value. They may include physical pain or emotional suffering felt by the victim or their loved ones.
- The court issues punitive damages as a punishment or a deterrent to stop other parties from behaving similarly. Courts do not often award punitive damages. California courts usually reserve these for the most egregious cases of negligence and issue sizable amounts to punish the opposing party and send a message to similar parties.
The recent update to the MICRA cap on medical malpractice damages allows plaintiffs to recover fair compensation for their injuries.
Deadlines to File Your Case
In most cases, the maximum statute of limitations for medication errors is three years from your date of injury. However, there may be some exceptions. For example, California’s discovery limit states that you must bring medical malpractice claims within a year of discovering the injury or a year from when you should have discovered it.
Another time-based factor is California’s requirement for providing notice. California law requires you to serve a notice of intent to sue the defendant at least 90 days before you file your claim.
When planning a lawsuit against a medical professional, you may find yourself juggling several deadlines. This is where you might benefit from the help of an experienced medication error attorney to file your claim.
Contact an Experienced California Medication Errors Attorney
If you were harmed by errors with your medication, call our California medication errors lawyers at (916) 290-9400 for your free consultation. Our skilled legal team will work on your behalf to build a strong claim for compensation.
Frequently Asked Questions
Does a medication error qualify as malpractice?
If the error occurred in negligence and the other elements of medical malpractice are met, then a medication error is classified as medical malpractice.
Who is responsible for medication errors?
Responsibility and liability for medication errors vary between cases. The pharmacist may be to blame if they mistook a doctor’s correct prescription order or mixed up prescriptions or doses. However, it could also be a doctor who mistakenly wrote the wrong prescription. A nurse could also have liability if they administered the medication incorrectly.
Additionally, California applies the theory of vicarious liability, which states that the employer may be held liable for an employee’s mistakes. Sometimes, it may be possible to hold the hospital liable for the medical professional’s error.
What is the process of filing a medication error lawsuit?
The first step to filing a medication error claim is to ensure you have a solid case. The best way to do this is to consult with a medication error lawyer about your case.
Once you have determined your claim has potential, you must ensure that the statute of limitations and other deadlines have not expired. If they have, the court will likely dismiss your case. However, it’s worth speaking with a lawyer about possible exceptions if a deadline has passed.
The defendant may attempt to settle your claim out of court. Medication error lawsuit settlements are sometimes a good deal for both parties. It can save you time by resolving the matter outside a slow-moving legal system. It can also save both parties money on mounting legal fees. However, if the settlement offer is too low, it may be advisable to reject it. Your attorney can advise you on your options.
If you reject the settlement, your case will go to court. If you win, your defendant will likely appeal, and your case will move to an appellate court. In California, the entire process could take several years if you cannot reach a fair settlement. For this reason, hiring an attorney on a contingency fee basis can be wise.
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Our Office Locations
Sacramento Office
401 Watt Avenue Suite 100
Sacramento, CA 95864
Phone: 916-290-9400
Oakland Office
Cutter Law P.C.
1999 Harrison Street Suite 1400
Oakland, CA 94612
