It is a physician’s professional responsibility to pay attention when prescribing or administering medications. Negligence, carelessness, or incompetence during the prescription process could lead to significant injuries to the patient. If you or a loved one has suffered injuries or illnesses because of a suspected medication error, you are not alone. The San Antonio prescription error attorneys from the Law Offices of Maloney & Campolo are here to help walk you through the medical malpractice claims process in San Antonio.
Why Choose Us?
- Our attorneys are dedicated to giving you undivided attention. We will focus on your case and your case alone, giving you 24/7 access to your attorney (not a paralegal or associate).
- Our law firm has a proven record of success. We have spent over 20 years honing our craft and securing positive results for clients. We have a 95% success rate, and have obtained more than $150 million for clients.
- Our San Antonio personal injury lawyers believe in making legal services available to everyone. We make representation affordable by operating on a contingency fee basis. You will only pay for our services if we win your medication error case.
Why You Need a Prescription Error Lawyer in San Antonio
Going up against a physician or healthcare center in Texas is not easy if you do not have a lawyer in your corner. It is common for insurance carriers to use deny-and-delay tactics to get out of paying a claimant. Unless you have a background in law, you will not know how best to combat these tactics and fight for fair recovery. Additionally, proving malpractice and taking a case to trial can be very difficult and extremely expensive. Do not risk your financial future. Hire a San Antonio medical malpractice lawyer to handle settlement negotiations on your behalf. A prescription medication attorney in San Antonio could also take your case to trial if negotiations with the insurance company fail.
What Are Medication Errors?
Medication errors refer to mistakes a reasonable and prudent party would not have made under similar circumstances. If a doctor, nurse, or pharmacy committed an act or omission that another party reasonably would not have, resulting in patient injury, it is medical malpractice. A medication error could be any mistake that leads to inappropriate medication of a patient.
- Prescribing the wrong medication
- Prescribing the incorrect dosage
- Failing to check a patient’s drug history
- Ignoring potential drug interactions
- Administering the wrong medication
- Administering medication to the wrong patient
- Administering the wrong dosage
Medication errors can occur during the manufacturing, labeling, packaging, dispensing, distributing, prescribing, administering, or use of a drug. It will be up to the plaintiff or his/her San Antonio prescription error attorney to trace the medication error back to its source to determine the identity of the defendant. Hiring a trial lawyer can be instrumental in the investigation of an alleged medication error.
Proving Your Medication Error Case
One of the first steps in seeking compensation for a medication error is identifying the defendant. The defendant, or the at-fault party, could be the prescribing physician who made a critical mistake. It could also be the drug-administering nurse, pharmacy, or the manufacturer of the medication. Your San Antonio prescription error lawyer can prove medical malpractice by fulfilling the four required elements.
- Duty. The existence of a doctor-patient relationship at the time of the medication error, along with a duty of care within this relationship.
- Breach. A breach of duty of care on the defendant’s part. An act of negligence or recklessness that would not have happened under reasonable medical care.
- Causation. A causal link between the defendant’s negligence and the medication error in question.
- Damages. Specific damages the patient suffered because of the defendant’s breach of duty, including personal injury and medical bills.
The appropriate defendant will be the party most at fault for your damages. A lawyer can help you understand liability and prove your medical malpractice case in the City of San Antonio.
Speak to a Lawyer in San Antonio Today
Do not wait to begin your medical malpractice case. You could miss an important filing deadline. Request a free consultation at the Law Offices of Maloney & Campolo today.