Pharmaceutical Medical Negligence

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Prescription Drug Errors

A potential pharmaceutical medical negligence claim occurs when a patient suffers injuries as a result of a medical practitioner:

1. Making an error in prescribing a drug which is not suitable for the particular patient or
2. Prescribing an incorrect dosage of a drug

When does this occur?

Examples of these types of situations include the following:

• The drug prescribed by the doctor is contraindicated (not recommended) for a patient with a particular medical history. (For example, doctor prescribes a drug to a diabetic patient that is unsuitable for diabetics.)
• Drug prescribed medication that carries risks which exceed the benefits to the patient. (For example, a doctor prescribes pain medication for a sprained ankle and the drug is known to cause liver damage/failure.)
• Dosage of the drug is incorrect for the patient. (For example, a child is prescribed an adult dose of a drug);
• Doctor misspells the drug, which leads to an error in the filling of the prescription (For example, some drugs are spelled similarly or sound very similar);

Time Limits - Statute of Limitations

As with all medical negligence claims, a claimant has 2 years from the date of injury or from the date of knowledge of the injury in which to file a claim with the Courts, otherwise the potential claim is statute barred.

Making a claim

For futher information on Pharmaceutical Litigation, please contact Malcomson Law by calling 01 8744422 or by filling out an Online Enquiry Form. A solicitor who specialises in this area will contact you to advise you of your legal rights and entitlements.