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Facts on Settlements for Wrong Prescriptions

hand with wrong description drugs with a capsule bottle beside of it

You rely on medical professionals for your health. When you receive the wrong prescription, your health and well-being are at risk of serious damage and further complications.

If you suffer physical harm or injury following improper medication, it’s time to call a medical malpractice attorney. A lawyer can help you fight for compensation and walk you through the process of settlements for wrong prescriptions.

Wrong prescription lawsuits are often tedious and highly technical, making it difficult for the victim to receive proper compensation. Having an experienced attorney by your side can help you navigate the claims process, hold the negligent party liable, and fight for your compensation from the insurance company.

How Does a Prescription Error Hapen?

Prescription errors can occur in any type of medical facility or clinic. They can result from nurse or physician negligence, an overworked healthcare staff, or operational safety flaws. Even simple miscommunication can lead to lasting effects on the patient.

If you receive the wrong dosage or improper medication and suffer physically, it is vital to reach out to a malpractice lawyer as soon as possible. Prescription errors not only prevent you from receiving the medication you need but negatively impact your health. An attorney can help you fight for your compensation while holding the negligent party responsible.

Settlements for Wrong Prescription in the United States

Settlements for wrong prescriptions occur all around the United States. They can result from hospitals, nursing homes, pharmacies, and other healthcare facilities with prescription responsibility.

For example, in North Carolina, a patient was suffering from constant pain in a nursing home after the staff refused to give him appropriate levels of morphine while he was enduring prostate cancer. His physician prescribed him 150 milligrams of morphine every three to four hours; however, the nursing home staff administered only a portion of the prescription and used a placebo for the other doses. As a result, the patient suffered severe pain.

In New York, a patient received an injection without the medical staff checking the solution percentage. As a result, the solution was too strong for the patient, and the nursing home was found liable for ignoring the strong acetic acid odor.

Average Settlement Amount for Prescription Errors

The North Carolina case settled for $7,500,000, and the New York case settled for $225,000. The national average for settlements for wrong prescriptions lies between $150,000 and $300,000, although some payments are higher than $1,000,000.

Settlement amounts vary depending on the level of negligence. Essentially, the more apparent the neglect is, the higher the settlement will be.

Medical Malpractice in the Hospital

gavel with medical books stethoscope beside of it

Hospitals are responsible for a large part of the healthcare industry. In the case of settlements for wrong prescriptions, hospitals are not exempt from liability for prescription errors and must pay out.

Medication errors can cause severe physical harm or even death in more serious cases. Moreover, they can happen during any stage of treatment, which can lead to fluctuating settlement amounts.

Different parties in the hospital can be held liable for medication errors. wrong prescription suits can hold various parties accountable, for example:

  • A doctor who prescribed the wrong prescription
  • A pharmacist who gave the wrong drug
  • A nurse who did not provide proper administration

Settlements for wrong prescriptions also include a lack of proper monitoring following a medication administration. Should a patient suffer harm due to negligent monitoring, they may have a wrong prescription case. Contacting a medical malpractice attorney can help you better understand your case and potential compensation.

Nursing Home Settlements for Wrong Prescription

Nursing home medication error lawsuits are common; however, they can still be challenging to win. A nursing home will rarely willingly admit fault, making it difficult for patients to fight for their appropriate compensation. When it comes to nursing home settlements for wrong prescriptions, evidence is essential.

Whether understaffing, lack of training, or inadequate hiring of nursing home staff, there are various reasons patients can receive improper medication or administration. Unfortunately, studies show that around 42% of elderly adults will receive the wrong medication.

Elderly individuals are often more susceptible to certain health problems. Improper prescriptions can put them at a greater risk of health deterioration and lead to hospitalization or even death.

Around 20% of elderly patients receive the wrong prescription on more than one occasion, further increasing their risks of health complications. When a patient physically suffers due to staff negligence, it is vital to contact an attorney as soon as possible to begin building a case and fight for compensation.

Potential Damages

If you suffer personal injury due to a medical provider’s negligence, it is crucial that you contact an attorney as soon as possible. A medical malpractice attorney will walk you through the settlements for wrong prescriptions process and help you better understand your rights and potential compensation.

Plaintiffs in a wrong prescription case can fight for compensation to cover:

  • Medical expenses
  • Lost wages
  • Pain and suffering

Many wrong prescription cases result in severe health complications that require further hospitalization or treatments. In these cases, compensation can cover any medical expenses the patient had to pay out of pocket as a result of medical care negligence.

In some cases, the patient can no longer work due to injuries following improper medication administration. This can lead to a loss of wages that impact the patient’s financial situation and overall quality of life.

Pain and suffering refer to the non-monetary damages suffered by injured patients. Your attorney will work with you to help you gain a better idea of what your potential compensation looks like for pain and suffering damages.

What Does a Medical Malpractice Attorney Do?

The goal of a malpractice attorney is to aid you in your recovery process by assisting you with the various legal proceedings following your wrong medication incident.

Throughout your case, your lawyer will perform thorough research and cross-examinations to find proof of negligence for the liable party. From litigation discovery to discussions with medical professionals, they cover every angle of your case to help you fight for your compensation and hold the negligent party responsible for your injuries.

Your attorney will also help you with insurance claims. It’s no secret that insurance companies will make you jump through hoops to get a claim payout. Malpractice attorneys will negotiate with the insurance company and help you with the claims process to fight for your compensation rights.

Many patients suffer severe physical harm following a wrong medication incident. This can make it difficult for you to perform routine tasks throughout the day and even lead to death in more severe cases. Having an attorney by your side helps with the overall recovery process and enables you to build a more organized case.

Settlements for Wrong Prescription FAQ

broken gavel with drugs on the center depicting wrong description

1.       Can Pharmacies Be Responsible for Wrong Prescriptions?

In short, yes. Although the prescription comes from a physician, the pharmacy is responsible for ultimately providing the patient with the proper medication.

Should the pharmacy fail to fill the proper prescription, it could have a negative and lasting effect on the patient.

2.       Does the Insurance Provide Compensation for Settlements for Wrong Prescription?

Unfortunately, insurance companies are looking to pay out as little and infrequently as possible. This can make it difficult for patients to file a claim and receive compensation.

Hiring a medical malpractice attorney can help you build a case fight for your compensation from the insurance company. Lawyers know how to negotiate with insurance companies and can help you with your case so that you can focus on recovering.

3.       What Are the Benefits of Hiring a Malpractice Attorney?

Medication error lawsuits are highly complicated and challenging to navigate without legal help. On top of dealing with a personal injury, medical facilities will often deny negligence while insurance companies create various obstacles for you to overcome to receive compensation.

Instead of tackling the multiple challenges of settlements for wrong prescriptions on your own, hiring an attorney can make a world of difference for your malpractice claim. Your lawyer will help you during every phase of your case, from filing the proper paperwork for the insurance company to fighting to hold the negligent party responsible.

Wrong Prescription and Malpractice Attorneys

Whether you receive the wrong dosage or improper drug administration, your health can be at serious risk. You rely on your healthcare professionals to take care of your body. When you suffer physical harm due to the negligence of a medical professional, it’s time to call Sadaka Law.

Our attorneys have years of experience working with settlements for wrong prescriptions. We understand the unique challenges clients face when dealing with medication error lawsuits and work hard to help them fight for their compensation and hold the responsible party liable.

When you suffer personal injury due to healthcare negligence, let Sadaka Law represent your case. Call us today at 1-800-810-3457 to schedule an initial consultation in New York or New Jersey.




Principal & Founder
This article was written by Mark Sadaka, a seasoned trial lawyer in nationally significant cases. He fearlessly champions clients impacted by fatal or severe injuries caused by others or corporations. Renowned for his expertise in complex litigation, he's featured in books, sought after by media for interviews, and a highly sought speaker. Notably, he exclusively represents individuals facing life-changing injuries or substantial financial losses.

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