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Can You Sue for a Medication Error in New Jersey?

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medication error errors new jersey nj

Every year, the Food and Drug Administration receives more than 100,000 reports that are related to medication errors. Many incidences go unreported, even in cases where patients sustained serious harm. The most unfortunate part of medication errors is that the vast majority of them are entirely preventable if physicians and other healthcare professionals had observed basic medical standards. Because they did not, you or your loved one have sustained significant injuries that require financial compensation to treat. The good news is that you can sue doctors, nurses, other medical professionals and the hospitals and facilities that employ them for their negligence and/or wrongful conduct. For more information on medication errors in New Jersey, please read on, then contact one of our experienced New Jersey medication error lawyers today.

How does a medication error occur in New Jersey?

The most common causes of medication errors are as follows:

  • Incorrect diagnosis
  • Prescribing errors
  • Dose miscalculations
  • Poor drug distribution practices
  • Drug- and drug device-related problems
  • Incorrect drug administration
  • Failed communication
  • Unfamiliarity with patient’s medical history

As a result of medication errors, thousands upon thousands of unsuspecting people are needlessly subjected to:

  • Life-threatening situations
  • Hospitalizations
  • Death

How do you prove a medication error case in New Jersey?

There should be clear proof that the medical professional’s actions were harmful to the patient’s health. You will need to verify that the administered medication caused health problems or worsened the state of a preexisting condition. This medical problem should be severe enough to warrant a lawsuit. A critical component of successfully prosecuting a medication error case is assigning liability to the correct party. To do that, you must prove:

  • The existence of a medical professional-patient relationship, establishing a duty of care
  • The medical professional or his or her facility was negligent in regards to your medication, i.e. that the care provided fell below the prevailing standard of care within the medical profession, and
  • You, the patient, suffered injury as a result of the medical professional’s negligent medication error

In the Garden State, you generally have two years, starting from the date of the underlying incident, to bring forward a medication error or other medical malpractice case. It is critical that you get the process started as soon as possible by retaining the services of one of our skilled New Jersey medical malpractice lawyers.

Your seasoned legal representative will fight for the full range of economic, non-economic and, should the situation warrant it, punitive damages, because he or she knows that defendants will not rectify their conduct unless given a compelling reason to. Let us fight to hold the negligent party accountable.

Contact our experienced New Jersey firm

If you or someone you know has sustained an injury, contact Rubenstein, Berliner & Shinrod, LLC today.

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