The short answer is “it depends.”
At Painter Law Firm, we get at least a few calls each month from patients who are understandably angry that they were given the wrong drug. If you were given a prescription for the wrong medication by mistake, but weren’t injured because of it, there’s no basis for a medical malpractice lawsuit even though the doctor made a medical error. Patients may consider filing a complaint against the physician with the Texas Medical Board.
On the other hand, if you were seriously injured by any of these common prescription drug mistakes, then I suggest that you contact an experienced Texas medical malpractice lawyer immediately:
· The doctor writes a prescription for the wrong medication.
· The doctor prescribed the correct drug, but with the wrong dose or duration.
· The pharmacy or pharmacist fills and dispenses a good, valid prescription with the wrong drug or dosage instructions.
· The physician prescribes a new drug that shouldn’t be taken by a patient with certain medical conditions or who already takes certain other drugs. This is based on manufacturer and Food & Drug Administration (FDA) drug interaction contraindications and warnings.
· The pharmacy or pharmacist knows about a drug’s contraindications or warnings and fills and dispenses a new prescription anyway.
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Robert Painter is an award-winning medical malpractice attorney at Painter Law Firm PLLC, in Houston, Texas. He is a former hospital administrator who represents patients and family members in medical negligence and wrongful death lawsuits all over Texas.