Medication Dosage Errors & Legal Recourse

Medication dosage errors are among the most common types of medical mistakes, and they can have devastating consequences for patients. If you or a loved one has been affected by a medication error, you have the right to seek justice and compensation through medical malpractice claims. A White Plains medical malpractice lawyer or a Westchester County medical malpractice lawyer can help you navigate the complex legal process, ensuring that you receive the compensation you deserve for your suffering, medical bills, and other damages caused by the error.

Common Types of Medication Dosage Errors

Medication dosage errors occur when a patient receives too much, too little, or the wrong medication. These mistakes can happen at various stages of medical care, from prescribing to administration. Common types of errors include:

• Overdosing: Administering a dose higher than the recommended amount can result in toxicity, organ damage, or even death.
• Underdosing: Providing a dose too low to be effective can cause a patient’s condition to worsen due to inadequate treatment.
• Miscommunication: Errors often arise when a doctor’s instructions are unclear, leading to incorrect dosages by nurses or pharmacists.
• Wrong Medication: Dispensing the wrong drug can occur when a prescription is misread or mislabeled, leading to dangerous side effects or drug interactions.
• Calculation Mistakes: Errors in converting units of measurement or calculating dosage amounts, particularly in pediatric or geriatric care, can result in incorrect doses.
• Failure to Adjust for Patient-Specific Factors: Neglecting to account for a patient’s age, weight, or medical history when prescribing medication can lead to harmful dosing errors.

Causes of Medication Dosage Errors

Several factors contribute to medication dosage errors, including:

• Human Error: Fatigue, distraction, or inexperience among medical staff can lead to mistakes.
• Poor Communication: Miscommunication between doctors, nurses, and pharmacists can result in the wrong medication or dosage being administered.
• Inadequate Systems: A lack of checks and balances, such as automated alerts for potential errors, increases the likelihood of mistakes.
• Improper Labeling: Errors in packaging or unclear labeling can mislead healthcare providers and patients.
• Incomplete Medical Histories: Failing to review a patient’s allergies, current medications, or medical conditions can lead to inappropriate prescriptions.

Preventable medication dosage errors can have severe physical, emotional, and financial consequences for patients. These may include organ damage, seizures, cardiac arrest, delayed recovery, worsening conditions, anxiety or depression, and more.

Legal Recourse for Victims

In New York, victims of medication dosage errors may pursue legal action under medical malpractice law. To establish a valid claim, the following elements must be proven:

• Duty of Care: The healthcare provider or facility owed the patient a standard of care.
• Breach of Duty: The provider failed to meet the accepted standard of care, resulting in the dosage error.
• Causation: The error directly caused harm or worsened the patient’s condition.
• Damages: The patient suffered measurable harm, such as physical injury, financial loss, or emotional distress.

Victims can seek compensation for medical expenses, lost wages, pain and suffering, and, in cases of fatal errors, wrongful death damages.

Filing a Medical Malpractice Claim in New York

To pursue legal action for a medication dosage error in New York, follow these steps:

• Consult an Attorney: An experienced New York medication error attorney can evaluate your case, gather evidence, and determine liability.
• Obtain Medical Records: These records are critical for establishing the details of the error and its impact on your health.
• Work with Experts: Attorneys have the right connections and resources to consult medical experts who can testify about the standard of care and how it was breached.
• File Within the Statute of Limitations: New York law requires medical malpractice claims to be filed within 2.5 years of the date of the error or discovery of harm. There are exceptions for minors or instances involving fraud, which your attorney can explain.