Brandon Personal Injury Attorney
It's Like Having a Lawyer in the Family
Follow Us Facebook Twitter Linked In

Call For a FREE Consultation Handset 813-438-5960 Serving Brandon, Tampa and all of Florida

The Nuts And Bolts Of Florida Medication Error Claims

Medication3

Each year, medication errors kill or seriously injure tens of thousands of Americans. In other cases, the injuries are not physically serious but the consequences are significant. The wrong dose of medication, or the wrong kind of medication, may prolong an expensive hospital stay.

Many times, the medical staff is responsible for these mistakes. Medication dispensing requires strict attention to detail. A simple mistake, like transposing a couple of digits, can have serious consequences.

Other times, the medical staff has nothing to do with the mistake. Instead, the error came much earlier. Mistakes during the manufacturing or labeling process can be deadly in many cases.

Damages in a Florida medication error case are often significant. These damages may include compensation for economic losses, such as medical bills, as well as noneconomic losses, such as pain and suffering. But the defendant insurance company does not simply give away this money. A Florida personal injury attorney must work hard to obtain it.

The Standard of Care in Florida Medication Error Cases

In the Sunshine State, the standard of care varies on a number of factors, such as the relationship between the tortfeasor (negligent actor) and the victim. The doctor-patient relationship involves an extremely high duty, because the level of trust and dependency is so high. In most cases, patients rely exclusively on their doctors when it comes to their health.

So, the legal standard is very high. The exact standard varies according to the facts of the case, such as the geographic location, doctor’s experience level, and patient’s level of understanding.

In terms of dangerous drugs, the standard of care is basically irrelevant. Most manufacturers are strictly liable in these situations. It does not matter how careful, or how careless, they were. Typically, victim/plaintiffs must only establish cause. Some typical drug dangers include:

  • Label swapping,
  • Incomplete or inaccurate medication warnings on product labels,
  • Ingredient switching, and
  • Inaccurate dosage information.

In both these kinds of cases, Florida jurors often award substantial punitive damages in addition to the compensatory damages mentioned above. Punitive damages are appropriate if there is clear and convincing evidence that the defendant behaved recklessly.

Legal Responsibility for Medication Mistakes in Florida

Everyone makes mistakes, and we must all face the consequences of those mistakes. Doctors, nurses, pharmacists, and other medical professionals are no different. If their behavior falls below the standard of care, they are liable for damages in civil court.

Additionally, because of the respondeat superior rule, the pharmacy, hospital, clinic, or other entity which employs the negligent professional may also be liable for damages. This rule applies if the negligent actor was an employee who was working in the scope of employment at the time.

A manufacturer’s legal responsibility is broad as well. The aforementioned strict liability applies to both:

  • Design Defects: Some pharmaceutical and medical device companies use cheap ingredients which increase their profits but put people at risk.
  • Manufacturing Defects: Other times, the product looks fine on the drawing board. But there are gaps during the manufacturing or shipping process. Manufacturers are legally responsible for all defects which occur before products leave their control.

In all these cases, victim/plaintiffs must establish liability by a preponderance of the evidence, or “more likely than not.”

Connect with Aggressive Attorneys

Medication errors often cause serious injuries. For a free consultation with an experienced personal injury lawyer in Brandon, contact Reed & Reed. We have four area offices (St. Petersburg, Lakeland, Tampa, and Clearwater).

Resource:

americannursetoday.com/wp-content/uploads/2015/05/ant5-CE-421.pdf

Brandon Personal Injury
Reed & Reed, Attorneys at Law, is located in Brandon, FL and serves clients in
and around Brandon, Tampa, Apollo Beach, Sydney, Gibsonton, Balm, Valrico, Wimauma, Sun City Center, Lithia, Ruskin, Durant, and Hillsborough County.

Our Locations

Brandon

101 East Lumsden Road
Brandon, FL 33511
Tel: 813-438-5960
Fax: 813-438-5995

St. Petersburg

1700 66th Street North, Ste. 104-1008
St. Petersburg, FL 33710
Tel: 727-362-7520
Fax: 727-362-7521

Lakeland

248 N Kentucky Avenue #72
Lakeland, FL 33801
Tel: 863-274-7715
Fax: 863-274-7716

Tampa

401 E Jackson Street, Ste. 2340
Tampa, FL 33602
Tel: 813-440-6678
Fax: 813-440-6682

Clearwater

13575 58th Street N, Ste. 200
Clearwater, FL 33760
Tel: 727-767-9914
Fax: 727-767-9915

Memberships

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

No content on this site may be reused in any fashion without written permission from www.NeedReed.com

MileMark Media - Practice Growth Solutions

© 2014 - 2018 Reed & Reed, Attorneys at Law. All rights reserved.
This law firm website is managed by MileMark Media.

Contact Form Tab