Miami Medication Error & Pharmaceutical Malpractice
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- June 5, 2024
Table of Contents
- Can You Sue for Being Given the Wrong Medication in Miami?
- Why Choose Freedland Harwin Valori Gander’s Miami Medication Malpractice Attorneys?
- How Our Miami Medication Error Lawyers Can Help You and Your Family
- What Do You Have To Prove in a Miami Pharmaceutical Error Claim?
- What Types of Compensation Are Covered in a Medication Error Claim?
- Is There a Time Limit for Filing a Medication Malpractice Case?
- How Do Medication Errors Occur?
- Call Our Experienced Miami Medical Malpractice Lawyers For A Free Consultation
Medication errors can occur at any stage, from prescribing and dispensing to administering and monitoring. These mistakes can lead to devastating consequences, including serious side effects, worsened health conditions, and even wrongful death. According to the World Health Organization, medication errors have cost approximately $42 billion worldwide.
If you or a loved one has suffered due to a medication mistake in Miami, Florida, the experienced medication malpractice lawyers at Freedland Harwin Valori Gander are here to help. We understand the physical, emotional, and financial toll that medication malpractice can take on victims and their families. That’s why we are dedicated to holding negligent parties accountable and fighting for the compensation our clients deserve.
Can You Sue for Being Given the Wrong Medication in Miami?
If you’ve suffered harm from a medication error, you may be entitled to file a lawsuit and pursue compensation. These claims fall under the broader category of medical malpractice, which occurs when a health care provider fails to meet the established standard of care expected from a professional under similar circumstances.
The Miami medication error lawyers at FHVG help victims seek justice and compensation for their losses. They investigate the circumstances of the medication mistake, gather evidence to support the claim, negotiate for a fair and full settlement, and pursue litigation if a settlement can’t be reached.
Why Choose Freedland Harwin Valori Gander’s Miami Medication Malpractice Attorneys?
At FHVG, our medication malpractice attorneys have extensive experience pursuing compensation for medication errors. We have recovered over $2.6 billion in settlements and verdicts for our clients, including several significant wins in medication error cases.
Our Medication Error Claims Success
We’ve recovered millions of dollars for our clients in the following medication-related claims:
- $12.2 million settlement – We obtained this settlement on behalf of the family of a 47-year-old woman who died from a dangerous drug. Our lawyers were able to prove the manufacturer knew of the dangerous side effects and did not provide a proper warning.
- $8.3 million settlement – We negotiated this settlement for a woman who suffered a serious side effect from a dangerous drug. Our lawyers showed that the manufacturer did not properly test for side effects and warn of the dangers.
- $6.5 million settlement – We obtained this settlement for the family of a man who died from respiratory arrest caused by an overprescribed pain medication
Our attorneys have received national acclaim for their dedication to advocating for medical malpractice victims. We’ve been recognized by SuperLawyers, Best Lawyers in America, and the South Florida Legal Guide.
We care about every client and treat each one like family. Our lawyers are dedicated to providing personalized attention to our clients. We keep our clients informed by providing regular updates and addressing their concerns promptly throughout the legal process. Additionally, we offer a transparent contingency fee structure, meaning you only pay if we win your case.
We serve all Miami neighborhoods, including the following:
- Brickell
- Little Havana
- Wynwood
- Flagami
- Coconut Grove
- Edgewater
How Our Miami Medication Error Lawyers Can Help You and Your Family
Our Miami medication malpractice lawyers provide comprehensive legal guidance and support throughout even the most complex claims. We will do the following for you:
- Thoroughly investigate the medication error to determine liability
- Gather evidence, including medical records and expert testimony, to support your claim
- Handle communication with hospitals, insurance companies, and other parties involved in your case
- Fight for the compensation you deserve for your injuries and losses, whether at the settlement table or in the courtroom
Our attorneys have over 20 years of experience fighting for the rights of medical malpractice victims. We have recovered over $2.6 billion in settlements and verdicts.
My family had the pleasure of being represented by Deborah Gander after the unexpected death of my mother. She was amazing to work with from day one and she became a lifelong friend. She helped guide us through the process and was relentless in her litigation against the defendants. Deborah Gander and the attorneys at Freedland Harwin Valori Gander are some of the best trial attorneys in the business! – Anthony D., 5-Stars, Google
Types of Medication Error Cases We Handle in Miami, FL
Medication errors come in all shapes and sizes. Luckily, FHVG can handle just about any case, including those involving the following:
- Prescribing the wrong medication
- Medication overdose
- Harmful drug interactions
- Errors in administering or monitoring drugs
- Manufacturing defects or undisclosed side effects
Let FHVG’s experienced attorneys stand with you. We can guide you through this complicated process and fight for the compensation you are owed.
What Do You Have To Prove in a Miami Pharmaceutical Error Claim?
To succeed in a medication error claim, your lawyer must prove the following four key elements in most cases:
- Duty of care: Healthcare providers, including doctors, nurses, and pharmacists, owe their patients a duty of care, meaning they must provide treatment that meets the accepted standards of their profession. In the context of medication errors, this duty includes appropriately prescribing, dispensing, administering, and monitoring medications.
- Breach of duty: A breach of duty occurs when a health care provider fails to meet the accepted standards of care. In medication error cases, this bearch may involve prescribing the wrong medication, dosage, or course of administration. It may also involve failing to account for drug interactions or allergies or improperly dispensing or administering the medication.
- Causation: To succeed, you must prove the medication error directly caused your injuries or losses. This means you must show you would not have suffered harm but for the health care provider’s negligence. Causation can be challenging to prove alone, especially if you have pre-existing medical conditions or are taking multiple medications.
- Damages: Finally, you must demonstrate you suffered actual damages from the medication error. Damages may include medical expenses related to treating the injury, lost wages, pain and suffering, disability or disfigurement, and loss of enjoyment of life.
FHVG has experience handling medical malpractice and pharmaceutical error claims. In one notable case, we obtained a $20.2 million jury verdict on behalf of the family of a 54-year-old man who died in a hospital from a narcotic overdose and lack of monitoring. FHVG proved this doctor failed to take proper precautions and ask the right questions.
Who Is Liable in a Pharmaceutical Error Claim?
Various parties may be held liable in a medication error claim, depending on the circumstances:
- Prescribing doctors: If a doctor prescribes the wrong medication, dosage, or route of administration or fails to consider potential drug interactions or allergies, they may be liable for resulting injuries.
- Pharmacists: Pharmacists are responsible for correctly filling prescriptions and counseling patients on proper medication use. They may be liable if they dispense the wrong drug, administer the wrong dosage, miss a harmful drug interaction, or provide inadequate instructions.
- Nurses or other health care professionals: Nurses and other health care professionals who administer medications must follow certain principles of medication administration. Failure to adhere to these can result in liability.
- Hospitals or health care facilities: Hospitals and health care facilities may be held liable for the negligence of their employees, including doctors, nurses, and pharmacists. They can also be responsible for systemic issues contributing to medication errors, such as inadequate staff training or protocols.
- Pharmaceutical manufacturers: In some cases, harm may result from defective drugs or inadequate labeling. If a pharmaceutical manufacturer markets a dangerous drug or fails to provide sufficient warnings about potential side effects or interactions, they may be held accountable for resulting injuries.
Proving liability in a medication error or pharmaceutical malpractice claim can be complex, requiring a thorough investigation and expert testimony. An experienced Miami medication malpractice lawyer can help you navigate the legal process, gather evidence, and build a solid case to seek the compensation you deserve.
What Types of Compensation Are Covered in a Medication Error Claim?
Compensation in a medication error claim, also known as damages, may include:
- Economic Damages: These compensate for your monetary losses, such as medical expenses, lost wages, and future lost earning capacity.
- Non-Economic Damages: These compensate for the subjective impacts on your life, including pain and suffering, emotional distress, disability or disfigurement, loss of enjoyment of life, and loss of consortium.
- Punitive Damages: In rare cases involving gross negligence or intentional misconduct, the court may award punitive damages to punish the defendant and deter future wrongdoing.
Determining the Value of a Medication Error Claim
The specific amount of compensation in a medication error claim depends on several factors:
- Severity of the Injury: More severe injuries generally result in higher compensation.
- Extent of Financial Losses: Compensation accounts for actual and future financial losses.
- Impact on Quality of Life: The injury’s effect on the victim’s well-being influences non-economic damages.
- Comparative Negligence: Under Florida law, the compensation may be reduced if the victim was partially at fault for their harm.
- Available Insurance Coverage: The compensation you can recover may be affected by the health care provider’s insurance policy limits.
Your Miami medication error lawyer will investigate your case, gather evidence of your damages, and consult with experts to determine the worth of your claim.
Is There a Time Limit for Filing a Medication Malpractice Case?
Yes, there is a time limit for filing a medication malpractice case in Florida. Generally, the statute of limitations sets a deadline of two years from when the error was or should have been discovered. However, there is a hard deadline of four years from when the error occurred.
However, some exceptions, such as cases involving fraud or concealment by the health care provider, provide a maximum of seven years.
How Do Medication Errors Occur?
Medication errors can occur at various stages of the medication use process, including improper dosage, type, combination, administration, labeling, and use. To learn more, watch our informative video on how medication errors happen.
Call Our Experienced Miami Medical Malpractice Lawyers For A Free Consultation
At FHVG, we are dedicated to helping victims of medication errors in Miami and throughout Florida. Our experienced medical malpractice attorneys have the knowledge, resources, and tenacity to take on large corporations and insurance companies on your behalf.
This group went above and beyond to get the results that we needed and deserved. I was very pleased with the outcome from my case. I would definitely recommend them to anyone who needs their services. My sincerest thanks to everyone there! – Heather L., 5-stars, Google
If you or a loved one has suffered harm due to a medication error, contact FHVG today for a free consultation. Call us at (954) 467-6400 or fill out our online contact form to get started on your case. Let us fight for the justice and compensation you deserve.
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