If your doctor prescribed you a medication that you should not be on for various health reasons, and being on that medication causes you harm, you may have a medical malpractice case against your doctor. This will depend on the facts of your case, your medical conditions and history, other medications you are taking, and what your doctor knew or should have known about how a medication you are being prescribed will affect you given your medical history and other medications you are taking.
When it comes to medications, there are certain ones that will be contraindicated and other medications where there will be precautions when prescribing them. A medication is contraindicated when there is an absolute reason it should not be prescribed to you. It could be because the medication will cause you harm because of a genetic condition you have. Or it could be because you are taking another medication that should not be mixed with a medication your doctor wanted to prescribe you. Or the medication could cause you harm given certain factors with your medical history.
When there are warnings or precautions in prescribing you a medication, this does not mean that you absolutely cannot take the medication. It means that there is an increased risk you could suffer adverse effects and harm while on the medication, and therefore your doctor should monitor you closely while you are on the medication. This can involve regular blood work and other check-ups.
When your doctor negligently prescribes you a medication there are two different types of claims you can bring then. One is where your doctor prescribed you a medication that he or she should have known should absolutely not be given to you given your medical history or other medications you are currently taking.
The other type of claim is less straightforward. It involves negligently monitoring you while you are on a medication that has an increased risk of causing your harm. In this scenario you may report symptoms you are experiencing from the medication to your doctor that should indicate the medication either needs to be stopped outright, or that you need to be weaned off the medication. Or your blood work could indicate you are experiencing adverse effects from the medication, and it needs to be discontinued.
Another type of negligent monitoring claim could be where your doctor fails to closely monitor you while you are on the medication. Here it could be because your doctor did not know the medication has an increased risk of causing you harm, and your doctor should have known this given your medical history and other medications you are on.
A third type of malpractice that can occur when a doctor prescribes you medication is prescribing you a medication you are allergic to. With this type of claim you will have to show that you have a known history of being allergic to a certain type of medication and your doctor mistakenly gave you the medication. It will be difficult to prove negligence if you suffered an allergic reaction to a medication for the first time in your life.
In order to determine whether you have a claim against your doctor for negligently prescribing you a medication, your attorney will have to review your medical records and consult with medical experts. Beyond showing that your doctor was negligent in giving you a medication you will also have to show you suffered harm from being on the medication. This can also be shown through medical records of treatment you required due to the adverse effects the medication caused and through medical experts. If you missed work or cannot work due to the adverse effects you suffered from the medication you can also make a claim for lost wages.
The Thistle Law Firm is experienced at handling negligent prescription claims. If you or a loved one suffered harm from a doctor prescribing you a medication he or she should not have, the attorneys at the Thistle Law Firm are hereto take your call and answer your question at 215-568-6800.