Who Is Responsible for Prescription Mistakes?

 Posted on August 28, 2015 in Prescription Drugs

By Daniel M. Kotin

Many times, injuries caused by prescription drugs are the fault of a medical doctor committing medical malpractice.  Other times, the injury is caused by a defective drug and the claim is a product liability case against the drug manufacturer.  A third category of cases involves injuries caused by prescription errors due to misfiling of prescriptions at pharmacies.

The Basics of Medical Malpractice Cases

Medical malpractice cases are personal injury cases brought against medical professionals and others connected with the healthcare field for injuries alleged to have resulted from negligent medical care. Similar to most other personal injury cases, the injured plaintiff must show that the doctor or healthcare worker delivered substandard care; that is, care that was below the care a reasonable doctor or healthcare worker in the area with similar experience and knowledge would have provided. This standard of proof takes into account the geographic location the care was provided, the experience and knowledge of the individual worker, as well as customs, norms, and practices in that area.

Can Someone Else Be Responsible for Medical-Related Injuries?

While a doctor, nurse, or other healthcare worker may often be some of the first defendants named in a medical malpractice suit, there may be other responsible parties who are liable under different legal theories. In addition to the doctor or healthcare worker, other responsible parties may include:

• The worker’s employer, who may also be liable under the legal theory of respondeat superior (literally, “let the master answer”) if the employer or medical group had a duty or obligation to supervise the work of the doctor or nurse but failed to provide adequate supervision; or
• The manufacturer of a drug if the drug contained a defect that made it unreasonably safe even when it was used as directed. (A drug with a side effect does not always mean that the manufacturer is liable for creating a “dangerous drug.” Rather, a fact-intensive evaluation must be conducted to determine if the risks and side effects of the drug outweighed the potential benefits of the drug.)
• The Pharmacy that fills the drug if the wrong drug is put in the container or the wrong dosage or use instructions are typed on the label.

Contact Our Attorneys for Assistance with Medical Malpractice Cases

Illinois medical malpractice cases are difficult to win and usually require testimony from other doctors, healthcare workers, and pharmacists to establish that a particular procedure, treatment, level of care, or drug was so unreasonable and negligent that compensation should be awarded to the injured patient. As a result, these cases are almost always very expensive.  Choosing an attorney with little experience practicing in this area (or, worse, proceeding without an attorney at all) can result in your claim for compensation being unsuccessful.

At the Illinois medical malpractice law firm of Tomasik Kotin Kasserman, LLC, we have helped numerous Illinois patients who have suffered temporary and permanent injuries as the result of medical mistakes. Contact our skilled Chicago medical malpractice attorneys at 312-605-8800 and learn how we can help you recover compensation for your medical negligence injuries.