Average Settlement of a Medication Error Claim

Taking the wrong medication can have devastating effects on the patient. Many individuals already have difficulty paying for expensive prescriptions and medical bills. When a patient must make multiple trips to a doctor to finetune the type or dosage for their medication, the bills can grow and become extremely difficult for the patient to pay off. 

When a doctor, nurse, or physician has prescribed the wrong medication as the result of medical malpractice, the patient should not be left responsible for the out of pocket expenses. Pursuing legal action through our skilled Orlando attorneys at The Umansky Law Firm can help you recover the costs you’ve endured and help you get back to the life you had before the incident. 

Our highly accomplished attorneys are dedicated to ensuring our clients get justice. The following provides helpful information on the average settlement of a medication error claim. If you’d like to learn more or have any questions, please call our office and speak with one of our trusted attorneys with expertise in medication error claims to answer all of your questions. 

Devastating Effects of Medication Errors

A medication error is when a physician, doctor, or nurse prescribes the wrong medication or the wrong dosage to a patient. When this happens, the patient might suffer minimal damage and quickly get back on track with the proper dosage or type of medication. Other times, however, the patient might suffer extreme physical and emotional distress that can make their condition worse. Being prescribed the wrong dosage or type of medication can result in dire consequences that involve painful and expensive surgeries, and sometimes – death.  

Whether it’s from a primary care physician or emergency room doctor, a medication error can result during any phase of treatment. Some of the most common situations for a medication error to occur include when:

  • A doctor prescribes faulty medication   
  • A doctor’s handwriting on a prescription is read erroneously
  • The wrong dosage or type of medication is administered in the Emergency Room
  • The wrong dosage or type of medication is administered on the operating table
  • A patient isn’t made aware of possible side effects of a medication that’s prescribed
  • A bottle of medication is mislabeled by the drug manufacturer

Another common circumstance of a medication error is when a doctor ignores a patient’s medical records when prescribing medication. If the patient has an allergic reaction because of the doctor’s carelessness, the patient can suffer an extreme reaction that can result in death. Doctors and physicians have a responsibility to their patients and these medication errors should never be taken lightly.

Significance of Physicians’ Medical Standard of Care

The responsibility that medical professionals have to their patients is a code of ethics called the Medical Standard of Care. Whenever this code is violated, patients can submit a legal claim against the medical provider for compensation. The process of determining whether your healthcare provider breached this Medical Standard of Care is complex. If you believe your doctor violated this Standard of Care, speak with The Umansky Law Firm’s medical malpractice attorneys to evaluate your situation and advise on how best to proceed to get justice.

For a medication error claim to be successful, you must prove that your physician or the medical professional acted negligently and breached the Medical Standard of Care. One way to do this is by comparing the physician’s treatment with that of another medical professional in the same field. 

The medical professional’s testimony can be instrumental in a successful lawsuit. Keeping detailed records and medical bills can also be conducive for a substantial settlement of a medication error claim. This documentation provides proof of the financial costs that you’ve incurred and helps determine the extent of damages you’re seeking compensation for. 

Proving that it was, indeed, your nurse, doctor, or physician who acted negligently is key in a successful medication error claim. For example, if your doctor gave you a mislabeled bottle of medication, the doctor would not be held liable, but the manufacturing company would. In this instance, you would have proper grounds for a lawsuit against the manufacturer, not the doctor.

Economic Damages Included in a Medication Error Claim

Determining the value of a medication error settlement is complicated. Because the facts surrounding each case are different and unique, there isn’t an average settlement value that applies to all. There are, however, factors that each claim considers when determining the value of a settlement, like the economic damages. Common economic damages that can be documented and included in a settlement amount for a medication error claim include:

  • The medical and hospitalization expenses
  • The cost of future medical treatments or care
  • Lost wages incurred during recovery
  • The loss of future wages from any long-term disability
  • The loss of employment

There are also non-economic damages to be considered that can add value to your settlement amount. Non-economic damages include:

  • Pain
  • Suffering
  • Emotional distress
  • and trauma. 

While these values are not determined as easily as economic damages, an experienced medical malpractice attorney can help estimate how much you might expect for both economic and non-economic damages.

Trusted Medical Malpractice Attorneys in Orlando

Speaking with a qualified medical malpractice attorney is the best way to determine the value of your medication error claim. At The Umansky Law Firm, we are committed to protecting our clients against negligent and careless practices of medical professionals. Our attorneys have more than 100 years of combined legal experience and will use their expertise to help you estimate the value of your case and guide you through each step of reclaiming the losses that you’ve incurred to help restore your quality of life.

To schedule a free consultation, complete an online contact form or call our office today at (407) 228-3838.