Medication Errors Lawyer in Albany, NY

Who Is At Fault for a Medication Error?

Many parties may be involved in the prescribing and administering of medication. Depending on the circumstances, one or more of the following parties may cause a medication error:

• Doctor – The doctor may prescribe the wrong type or dosage of medication, fail to reconcile the patient’s medical history, or give the medicine to the wrong patient.
• Nurse – A nurse may be responsible for administering or preparing the medication. Nurses can make mistakes during these tasks.
• Other staff members – Other hospital staff, physician assistants, or other healthcare providers may act negligently in failing to communicate information about the patient or make other careless mistakes regarding their medication.
• Medical facilities – Medical facilities are generally responsible for the negligence of their employees and for failing to put proper protocols in place to prevent medical mistakes.
• Pharmacy – The pharmacy could fill the wrong medication because they confuse similar-sounding or spelled drugs.
• The patient – The patient could make a medication mistake if they do not understand instructions or a medical provider gave them inaccurate instructions. Doctors and pharmacists must ensure their patients understand medication instructions.

A healthcare provider’s medical malpractice insurer initially handles these types of claims. However, if the insurance company denies the claim, you can pursue compensation by filing a medical malpractice lawsuit.

How to File a Medication Error or Wrong Drug Lawsuit

The medical malpractice lawyers at Powers & Santola, LLP, are well-versed in handling these complex legal claims from start to finish. Your claim begins with a free, no-obligation consultation in which we can discuss the circumstances surrounding your injuries and whether you may have grounds to make a medical malpractice claim.

If you decide to move forward with a medical malpractice case, we can begin the process of gathering evidence to establish the standard of care and how the medical provider in question failed to exercise the required degree of care that another medical provider of similar knowledge and skill would have exercised under the circumstances. New York’s medical malpractice laws require a medical malpractice lawyer to review the facts of the case and consult with at least one medical expert that there are viable grounds for making the claim within 90 days of filing a medical malpractice lawsuit. 

The steps to filing a medication error or wrong drug lawsuit in New York include:

Filing of a Complaint

An experienced medical malpractice attorney can file a complaint that states the facts of the case and why the named defendant owes you financial compensation for the harm they caused. This complaint officially begins your medical malpractice case. The defendant is served with the complaint and a summons that states they are being sued and that they have 30 days from the date of service to file an answer to avoid a default judgment. 

Discovery

After the defendant files their answer, the parties begin the discovery process. This is the formal process of gathering evidence to prepare for a case. Attorneys from both sides can use various tools to gather critical evidence, such as:

• Requests for admissions – These are a series of statements that the other party is asked to admit or deny. The party must answer them under oath.
• Production of documents – This discovery tool requests that the other party provide requested documents, such as a curriculum vitae for an expert witness, medical records, doctor’s notes, or other tangible evidence in their possession or control.
• Subpoenas – Subpoenas are requests for documents or testimony from other people than the plaintiff or defendant. 
• Medical examinations – The defense can request that you undergo a physical or mental examination to corroborate that you did suffer injuries.
• Depositions – Depositions are similar to testimony at trial. An attorney asks you questions, and a court reporter records your answers. There are limited grounds to object to questions. Your attorney can also depose the defendant or people who may testify at trial.

Your medical malpractice lawyer may also obtain your medical records to paint a clearer picture of your medical history. 

Pretrial Litigation 

Medical malpractice cases are some of the most complex personal injury cases. Litigating the case may take months or years. The court may schedule several pretrial conferences to get a better sense of the case and the facts at issue. The court wants the parties to settle to avoid the cost and time of a trial, but New York parties involved in litigation are not required to use alternative dispute resolution methods such as mediation or arbitration.

However, the parties can choose to use these methods if they prefer since they can often help them resolve faster and more affordably than through litigation. The parties are also free to settle at any point during the process. However, sometimes, it is necessary to go all the way to trial to secure a favorable outcome. The trial attorneys at Powers & Santola, LLP trial attorneys have secured millions of dollars for clients inside and outside the courtroom.

Trial 

If the case proceeds to trial, you get to put on your case first. Your attorney can call you to testify about your injuries, how they happened, and how they affect your life. Your attorney can also call the defendant and other witnesses to testify. Your attorney can present evidence to support your case. 

Next, the defendant will present their defense. They can present their own witnesses, including a medical expert witness, to try to contradict yours. Your attorney can object to inadmissible evidence and cross-examine the defense’s witnesses. 

At the conclusion of a trial, a judge or jury decides the case’s outcome. If they rule in your favor, they also determine how much compensation to award you.

After a trial, the parties reserve the right to appeal the decision if they believe it is an error.

Contact Our Medication Error Lawyers

If you were injured due to a medication error, you should not have to pay for a negligent healthcare provider’s mistake. Our medical malpractice and personal injury law firm has obtained considerable results in medical malpractice cases, including surgical errors, anesthesia errors, diagnostic errors, delayed cancer diagnosis, and other legal claims. Part of our success lies in being very selective with the cases we choose, and we give each client the personalized attention they deserve.

Contact Powers & Santola, LLP, at our Albany office to request a free case review. We look forward to meeting with you and explaining how we can help.