In the world of medical malpractice, medication errors are one of the most common—and dangerous—types of mistakes that can be made. From prescribing the wrong medication to failing to properly monitor a patient’s reaction to a new drug, there are several ways in which a doctor or nurse can make a mistake when it comes to medications. And when those mistakes result in injury or death, the results can be devastating.
If you or someone you love has been injured as the result of a medication error, you may be wondering what your next steps should be. Do you have a case? How do you prove that the error was negligent? And what type of compensation can you expect to receive?
In this blog post, we’ll attempt to answer some of those questions and give you a better understanding of what to expect if you choose to pursue a medical malpractice case stemming from a medication error.
Proving Negligence in Medication Error Cases
To win a medical malpractice case in Tennessee, you must first prove that the caregiver owed you a duty of care, breached that duty, and that the breach was the direct cause of your injuries. In medication error cases, the first two elements are usually not difficult to establish—it is typically clear that the doctor or nurse owed you a duty of care and that they breached that duty by making a mistake with your medication.
The more difficult task is usually proving causation. For your attorney to prove that the mistake with your medication directly caused your injuries, they will need to retain expert witnesses who can testify about the standard of care and how the defendant’s actions deviated from that standard. These experts will also need to be able to link your specific injuries directly to the negligent act. Only then will you be able to prove negligence and hold the responsible parties accountable for their actions.
Compensation in Medication Error Cases
If you are successful in proving negligence in your medical malpractice case, you may be entitled to receive compensation for your economic and non-economic damages. Economic damages are those like medical bills and lost wages—out-of-pocket expenses that have a specific dollar amount attached to them.
Non-economic damages are more difficult to quantify but can include things like pain and suffering, loss of enjoyment of life, mental anguish, and scarring or disfigurement. In Tennessee, there is no cap on economic damages but non-economic damages are capped at $750,000 per plaintiff or $1 million per occurrence (regardless of how many plaintiffs there are).
If you’ve been injured as the result of a medication error, pursuing a medical malpractice case may seem like a daunting task. But with the help of an experienced attorney, you can navigate the process and hold the responsible parties accountable for their actions.
You may be entitled to receive compensation for your economic and non-economic damages, including medical bills, lost wages, pain and suffering, mental anguish, and more. To learn more about your legal options and get started on your case today, contact our office for a free consultation with one of our experienced Tennessee medical malpractice attorneys.