Brooklyn Medication Error Attorneys

Seek Justice with Our Prescription Error Lawyers in Brooklyn

Health care professionals have a duty to the patients they treat and are expected to exercise the degree of care and skill required of a competent individual who practices that specialty. When a health care provider fails to do so, this can lead to devastating consequences such as severe injuries or even death. Medication errors are one of the most common forms of medical malpractice. 

If you were harmed due to such an error, you have a right to pursue fair and just compensation, so you can recover without being burdened by the financial costs associated with your injury. The Brooklyn medication error attorneys at Belushin Law Firm, P.C. can serve as your fierce legal advocate and fight to pursue the compensation you need and deserve. You should not have to suffer in silence.

Schedule a free consultation with us by dialing (888) 918-9890. Our medication error lawyer in Brooklyn, NY, can investigate your case.

About Medication Errors In Brooklyn

Medication mistakes can happen at many points during your care. It is not uncommon for more than one party to be held liable for a patient’s injuries. From the physician, nurses, and hospital to the pharmacy, pharmacist, and pharmaceutical manufacturer, it is possible for any number of these individuals involved in administering or prescribing a medication to a patient to be held legally liable for harmful errors.

Examples of medication errors include:

Determining Liability in Medication Error Cases

As previously stated, a patient can potentially interact with several different health care providers, so determining who and how many of these individuals are liable can sometimes be tricky. When medication errors are made, all contributing factors must be analyzed. 

Examples of liability in medication error cases can include:

• Wrong medication prescribed: Liability may involve the prescribing doctor, a nurse who recorded incorrect information, or a pharmacist who filled the wrong prescription.
• Incorrect dosage: Responsibility may fall on the doctor who prescribed the medication or the pharmacist who dispensed it improperly.
• Failure to monitor treatment: Doctors are expected to monitor patients for adverse reactions and medication-related complications throughout treatment, and failing to do so may be considered negligence.

In cases where a patient is able to prove liability, the person or persons responsible for the medication error will usually be required to provide compensation for damages caused by the error. If the injury is severe and calls for extensive medical costs and rehabilitation expenses, the awarded damages can be substantial. Our Brooklyn prescription error lawyer can thoroughly investigate your case, determine who is liable, and pursue fair compensation.

Burden of Proof in Medication Error Claims

To prove liability, an injured victim’s attorney must show that the health care provider's actions or lack of action was a direct cause of the victim's injury. This is called the burden of proof. 

Key elements that typically must be shown to establish fault in a medication error case include:

• Duty of care: The provider or pharmacy had a professional obligation to prescribe, dispense, or administer medications safely.
• Breach of duty: The provider failed to follow accepted guidelines, such as ignoring allergies, misreading a prescription, or skipping safety checks.
• Causation: The mistake with the prescription or dispensing process directly led to a reaction, worsening condition, or other medical harm.
• Damages: The patient suffered losses such as additional treatment at Brooklyn hospitals, lost income, or lasting health complications tied to the error.

Our Brooklyn medication error lawyer understands that proving these elements can be challenging. That's why we handle the legalities of your case while you focus on recovery.

Take Immediate Action with an Experienced Legal Team

If you believe that you or someone in your family suffered a medication error, you must contact a medical malpractice attorney as soon as possible. Medical malpractice cases have a statute of limitations, so timing is critical to help ensure you pursue the compensation you deserve. Maintain all documentation regarding your medical treatment as well as the names of all health care providers who treated you. At Belushin Law Firm, P.C., we understand the severity of these mistakes and will help you file a claim for compensation for the pain and suffering you needlessly endured.

Frequently Asked Questions

What Should I Do If I Think I Received the Wrong Medication?

If you believe you received the wrong drug or dose, stop taking the medication unless a doctor instructs you otherwise and seek medical care right away. Bring the prescription bottle, any remaining pills or liquid, and written instructions with you so the treating provider can see exactly what you were given. After your immediate medical needs are addressed, you can consult a Brooklyn prescription error attorney to review what happened and discuss potential next steps.

How Long Do I Have To Bring A Medication Error Claim In New York?

New York has specific time limits, known as statutes of limitations, that apply to medical malpractice and medication error claims. You generally have 2.5 years to bring your claim. However, the exact deadline can vary depending on the specifics of your case. As calculating these time limits can be complex, it is wise to speak with a prescription error lawyer as soon as possible so your rights can be evaluated under the correct rules.

Can I Still Have A Claim If I Signed A Consent Form?

Signing a consent form usually means you agreed to receive a treatment after being informed of general risks and benefits, but it does not give providers permission to act carelessly. A consent form does not excuse mistakes such as giving the wrong medication, ignoring clear allergy information, or failing to monitor for obvious warning signs. If negligent conduct caused harm, you may still have legal options even if you signed standard paperwork before receiving care.