Doctors and pharmacists are required to ensure that a patient gets the proper prescription and dosage. When a patient has an allergic reaction, becomes even more sick, or dies because of a prescription error or pharmacy misfill, the injured patient or the surviving family members of the deceased have the right to file a medical malpractice claim against any negligent parties.
Chicago medical malpractice law firm Joseph Klest, Attorney at Law, represents medical malpractice clients in pharmacy misfill and prescription error cases throughout Will County, DuPage County, Lake County, Cook County, and elsewhere in Illinois. In one recent case, Attorney Klest was able negotiate a $3.2 million settlement for a woman who experienced kidney failure because of the prescription that her doctor had prescribed.
Causes of Drug Reactions
A patient may become seriously ill or die because the drug that was prescribed is a dangerous drug that a manufacturer and the FDA allowed to enter the marketplace. Attorney Klest is also a successful Chicago lawyer who has filed many products liability claims and lawsuits against manufacturers of dangerous drugs. He knows how to determine whether a prescription error, a pharmacy misfill, or an act of manufacturing negligence lead to a person’s injuries or death and whether a doctor, a pharmacist, a nurse, and/or a drug manufacturer should be held liable.
Common Prescription and Pharmacy Misfill Errors:
* Prescribing the wrong drug * Prescribing too strong a dose * Failure to inquire whether a patient has certain allergies * Failure to inquire whether the patient is taking any other medications * Filling the wrong prescription drug because the doctor’s handwriting on the prescription note was Illegible * Pharmacy negligence or carelessness * Filling the right prescription with wrong drug * Giving the right prescription to the wrong patient * Not giving the patient the proper instructions for how to take the medicine * Prescribing a combination of prescription drugs that are dangerous when used together
The American Pharmaceutical Association is one of several professional organizations that have rules that doctors and pharmacists have to follow to make sure that prescription errors and pharmacy misfills do not occur. When a patient gets sick, seriously injured, or dies because these rules were not followed, the medical provider responsible for the negligent or careless mistake can be sued for medical malpractice.
Frequently, drug reactions or related injures and deaths are downplayed by the manufacturer. It is only through careful investigation and study of the history of the drug’s use and reactions to it that dangerous drugs can be discovered. This frequently takes place through the course of litigation against the drug manufacturer.