Prescription Drug Wrongful Death

Prescription drugs are designed to help people deal with ailments. Unfortunately, in some cases, this is not always what happens. In fact, according to a study, each year approximately 1.5 million people are injured by their prescriptions and 100,000 of those people die as a result of prescription errors. If a loved one loses his or her life as a result of these prescription drug errors, or other medical negligence, survivors should consider bringing a prescription drug wrongful death suit.

Legal Requirements to File a Prescription Drug Error Wrongful Death Lawuit

Within the United States, the law mandates that people treat each other with a certain duty of care. This requirement extends to doctors and patients, and in fact doctors are also obligated by medical malpractice laws to avoid harming patients through medical negligence or intentional acts. If a doctor violates his duty of care with an act of medical negligence, such as a delayed diagnosis, or a prescription drug error, you may be able to sue for wrongful death if the doctor’s actions lead to fatalities.

Compensation from Legal Settelements

A wrongful death lawsuit is a civil suit designed to compensate the victims of a wrongful death. These victims include survivors of the person who died. Wrongful death puts the survivors back into the financial position they would have been in, but for the death. This means that common damages include medical bills, burial expenses, the lost wages the deceased would have earned, loss of companionship and other related factors.

Causes of Prescription Drug Errors

When a prescription drug error leads to the wrongful death, the suit will need to be based on the premise that the death was caused by misdiagnosis, delayed diagnosis, improper issuance of prescriptions or other medical negligence.

Common examples of prescription drug errors that could lead to death include taking an unsafe prescription drug, confusing similarly named drugs, bad drug interactions with other prescription or non-prescription drugs, accidental overdoses that occur when multiple drugs have similar active ingredients or when you take both a prescription and over the counter version of a drug, taking an improper dose of a drug or drinking and eating improper foods while on medication.

If your doctor does not diagnose you properly and gives you a prescription for a drug you don’t need based on that misdiagnosis, he may be held liable. Likewise, if he prescribes the wrong drug or the wrong dose or fails to inform you about the dangers of your medications, he may be held liable in a court of law. Drug manufacturers may also be responsible for unsafe prescription drugs and found legally accountable in a prescription drug wrongful death lawsuit.

Help from a Lawyer

If prescription errors, misdiagnosis, delayed diagnosis or other medical negligence lead to a death, survivors should consider contacting a wrongful death attorney who can help hold the doctor or prescription drug company accountable. Wrongful death attorneys can be found by contacting the local bar association to find the names of experienced lawyers in your area.

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