Victims of medication errors may be entitled to compensation, though medical malpractice actions, like nearly all other types of personal injury lawsuits, have several complicating factors that may be difficult to navigate without the help of a lawyer. 

In order to receive compensation for negligence on the part of a healthcare professional, a plaintiff must prove:

  • Duty of Care: Healthcare providers are obliged to treat each patient in accordance with standards set by the medical community outlining how a qualified doctor would act in similar circumstances. Any type of healthcare professional who is involved with the prescribing, dosing, or administering of medication has a duty of care that must be met. 
  • Breach of Duty: Breach of duty refers to any situation where a clinician fails to meet the required standard of care when treating a patient (i.e. the medical mistake). Healthcare providers have a duty to care for their patients while minimizing any potential risks, therefore, this duty is breached when human error directly or indirectly results in the further harm of a patient. 
  • Causation: Causation refers to the connection between the healthcare provider’s mistake and the injuries a plaintiff has suffered as a result. A plaintiff’s injuries must be traced back to the clinician’s mistake, otherwise, it will be difficult to prove their negligence. 
  • Damages: To receive a settlement in any personal injury lawsuit, there must be damages to justify monetary compensation. While damages can include all sorts of harm (physical, emotional, etc.), some of the most common types of damages which yield compensation are:
    • Past and future pain and suffering 
    • Past and future medical expenses and rehabilitation costs 
    • Past and future lost income 
    • Loss of the injured party’s services claimed by their husband or wife  
    • Loss of parental guidance claimed by the injured party’s children

If you or a loved one has been injured as the result of a medication error, it is crucial you choose experienced medication errors lawyers to represent you. At Halperin, Halperin & Weiskopf, PLLC., we have over 40 years’ experience helping New Yorkers with their medical malpractice claims and we have successfully litigated some of the most challenging cases. We take pride in treating every prospective client like family, and in the event, we cannot help you directly, we will find someone who can. Call or email us today for a free consultation.