Prescription Errors

Maryland Attorneys Assisting Victims of Health Care Negligence

prescriptionUnfortunately, prescription and medication errors cause a number of preventable injuries in Maryland each year. If you or someone close to you has been harmed by what you believe to be a prescription error, the attorneys at Burgos & Burgos, LLC can help. You can rest assured that we will investigate the details of your case and determine whether or not malpractice likely occurred. Our Maryland prescription error lawyers have helped people throughout Montgomery and Prince George's Counties, in addition to Washington, D.C. Everyone on our staff is fluent in Spanish for your convenience. Let us help you hold a doctor or hospital accountable for harming you.

Seeking Compensation for a Prescription Error

A prescription error is a failure in the treatment process that can lead to harm to a patient. This type of error can happen at any step from when a doctor prescribes the medication to when the patient actually receives the medication. In some cases, a prescription error may consist of a nurse administering the medication incorrectly. In short, a prescription error can take place in the drug prescription itself, the dispensing, the administering, or even its monitoring once it is taken. Even if the underlying diagnosis is accurate, an error can cause serious harm. Common examples of prescription mistakes include:

  • Prescribing too much or too little medication;
  • Prescribing a patient the wrong medication;
  • Not properly communicating medication-related risks to a patient; or
  • Prescribing various medications that can be dangerous when taken together.

Unfortunately, medication errors are more common than you may think. According to the Institute of Medicine, it is estimated that medication errors harm approximately 1.5 million Americans each year. The United States Food and Drug Administration (FDA) receives more than 100,000 reports annually of suspected medication errors.

If you have been injured by a prescription error, or if a loved one has died, you will likely be able to file a medical malpractice claim against the at-fault party. Medical malpractice claims are typically rooted in the theory of negligence. In other words, in order to win a medical malpractice case, a prescription error attorney in Maryland would need to show that your health care provider was negligent. Negligence refers to the failure of a health care provider to adhere to the accepted standard of care, thereby causing injuries to a patient. To establish medical negligence, you must demonstrate that the defendant had a duty to adhere to the appropriate standard of care, using the level of care that another health care provider in the same specialty would have used in the same situation. You would need to show a breach of duty, which means that the health care provider failed to adhere to the appropriate and expected standard of care, and you would need to prove causation and damages. This means that the health care provider’s breach was a direct cause of the injuries.

Each of these elements must be established before a plaintiff can recover any compensation in a medical malpractice case. If liability is successfully established, however, the plaintiff will be able to recover a variety of damages, such as medical expenses, pain and suffering, lost wages, and the costs of future treatment.

Like any other type of personal injury claim, medical malpractice claims must be filed within a certain time frame, known as the statute of limitations. Typically, in Maryland, a patient must file a medical malpractice claim either within five years from the date of the injury or within three years from when the injury was discovered, whichever is earlier. Failing to file within this deadline could mean being barred from taking legal action permanently.

Discuss Your Options with a Prescription Error Lawyer in Maryland

The sad truth is that prescription errors are a preventable yet prevalent problem. These errors can cause serious and long-term injuries to patients. In the most serious cases, a prescription error can cause an avoidable death. If you or someone close to you has been harmed by negligence involving a medication, you need to reach out to a trustworthy Maryland prescription error attorney without delay. At Burgos & Burgos, LLC, we are committed to holding negligent health care providers accountable for the harm that they cause. We represent clients in Gaithersburg, Germantown, Silver Spring, Takoma Park, Wheaton-Glenmont, and Hyattsville, as well as elsewhere in Montgomery and Prince George's Counties and in Washington, D.C. If you want us to review a potential case for you, call us at (301) 681-1111 or contact us online. We also can assist people who are considering a misdiagnosis claim or a case based on another type of medical malpractice.

Client Reviews
“Nelson and Linda Burgos are two of the most powerful advocates a client could have. I felt listened to and my needs were taken care of in a very professional and timely manner.” Idabelle Hovland, Prince Frederick, Maryland
“I am thankful that Nelson Burgos took care of me when he persuasively argued my case in court. Nelson’s composure gave me the confidence that I needed to succeed.” Christina Battikha, Annapolis, Maryland
“Burgos & Burgos, LLC was there for me and my family when I was injured in an automobile accident. They aggressively pursued the insurance company to make sure I received the settlement I deserved. They have earned my highest recommendation.” James M. McCleary, McLean, Virginia