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Drug interactions as medical malpractice

It is not uncommon for someone to be on multiple medications at once, even for a single condition.

If you suffer an adverse reaction to drug interaction, resulting in injury or illness, because of a healthcare professional’s negligence, you may have a medical malpractice claim.

When is a medical provider liable?

Physicians and nurse practitioners have a responsibility to ensure the drugs they prescribe will not have a negative impact on your health. This is why your primary care physician keeps a record of all current medications and asks about each one at every visit. When prescribing something new, they should consider all medications on the list to ensure none will interact negatively. Failure to do so could breach the standard of care and make them liable for any injury or illness caused by a bad interaction.

When is a pharmacist liable?

Pharmacists cannot prescribe medications or make diagnoses. However, they can make mistakes during the drug distribution process. Pharmacists have a responsibility to ensure you receive the correct dosage of medication and understand the instructions for taking it. Failure to do so could make them liable for a negative interaction.

What damages can you recover?

Medical malpractice is a personal injury claim. The damages for these cases are economic and non-economic. If a healthcare professional is responsible for your injuries, you could recover medical expenses and wages lost from missed work. You may also request compensation for emotional distress.

As the plaintiff in a medical malpractice case, you are responsible for proving liability and negligence to recover damages.