In New Jersey, medical malpractice is caused by a variety of things such as failing to act. When prescription drug mistakes occur anyone involved in prescribing or dispensing your medicine may be liable, or at fault, for the mistake. This includes healthcare professionals such as:
- Pharmaceutical manufacturer
- Hospital personnel
- Hospital’s pharmacy department
Some prescription drug mistakes in New Jersey are caught quickly. Soon after you take the medicine, you may develop health problems such as an inability to breathe or skin rashes. Unfortunately, some prescription drug mistakes in northern NJ take longer to discover. For instance, you may have discovered the mistake after developing a serious medical condition like kidney or liver failure.
Regardless of how the prescription mistake was discovered, you have the right to sue the healthcare professionals involved with the mistake. Fontanella, Benevento, Galluccio & Smith is committed to helping you get the money you or your loved one deserve because of a prescription mistake in New Jersey.
Common Prescription Mistakes
Medical negligence means that a healthcare provider, even a pharmacist or a staff member, failed to exercise a degree of skill and care that a competent health care provider would have practiced. When there is lack of standard care, mistakes result such as:
- Administering the wrong dosage
- Administering the wrong medication
- Giving medication that, when combined with existing medications, causes injury
- Failing to warn you about drug side effects
- Confusing medicines with similar names
- Prescribing or giving medicine without properly reviewing your medical history
- Mislabeling medication
- Failing to ask you about any medication allegories you have
- Failing to communicate any errors caused by a doctor’s bad handwriting
Elements of Prescription Malpractice in New Jersey
New Jersey law requires any patient who is injured by a prescription mistake to prove certain elements. These elements include:
Duty of Care
Every healthcare professional involved in your treatment owes you a duty of care. This duty of care consists of making sure to treat you without causing harm. To show the healthcare professional owed you a duty of care, you must show you had a professional relationship with the healthcare professional.
Duty of Care Was Violated
When a healthcare professional involved in a prescription mistake doesn’t provide you with treatment within the standard of care, it is a breach. This means another healthcare professional would not have made the mistake in similar or same circumstances.
Negligence Caused Your Injury
Your healthcare professional caused your injury, whether it was a serious illness or injury, due to their mistake.
Negligence Led to Damages
You must prove that the negligence of the healthcare professional caused you an injury.
When you suffer a life-threatening or serious injury because of a prescription mistake in New Jersey, you have the right to sue the healthcare providers involved with the mistake. Fontanella, Benevento, Galluccio & Smith is dedicated to making sure that you receive compensation for the mistake that led to your injury.