Medication mistakes happen way more often than they should. A pharmacy technician grabs the wrong bottle. A nurse miscalculates a dosage. Your doctor prescribes something that’s going to interact badly with what you’re already taking. These aren’t just minor slip-ups. They can turn a treatable condition into a medical emergency, and we’ve seen it happen too many times at Pavlack Law, LLC.
What Qualifies As A Medication Error
Here’s what you need to know. Not every mistake automatically means you’ve got a medical malpractice case. You’ll need to prove that a healthcare provider didn’t follow the accepted standard of care, and that their failure caused you real harm.
Common medication errors include:
- Dispensing completely different medications than what was prescribed
- Getting the dosage wrong, whether it’s too much or not enough
- Never bothering to check if you’re allergic to something
- Prescribing drugs that shouldn’t be mixed together
- Administering medication the wrong way (like giving you pills when you needed an IV)
- Failing to watch for bad reactions after giving you the medication
The line between a lawsuit and just bad luck often comes down to protocol. Did they actually look at your chart? Did anyone verify the prescription before handing it to you? These seemingly small details can make or break your case.
Who Can Be Held Liable
Responsibility can fall on multiple people. Your doctor might’ve prescribed without checking what else you’re taking. That’s on them. The pharmacist who filled it incorrectly or missed a dangerous interaction? They’re potentially liable too. And nurses who skip verification steps before administering medications can absolutely be held accountable. But it’s not always just about individuals. Indiana hospitals can face liability under certain conditions. If they’re so understaffed that nurses are rushing through medication rounds, that matters. Inadequate training programs? Also relevant. We look at everything that contributed to what happened to you.
Proving Your Case In Indiana
Indiana makes you jump through some hoops. Before you can file an actual lawsuit, you’ve got to present your claim to a medical review panel. This panel decides whether the healthcare provider met the appropriate standard of care. You’re going to need solid medical evidence. What happened, and how did it hurt you? Your medical records tell part of the story. Pharmacy records fill in other gaps. And you’ll almost certainly need expert testimony from other healthcare professionals who can explain what should’ve happened versus what actually did. An Indianapolis Medical Malpractice Lawyer knows how to pull all this together. We work with medical experts who review everything about your treatment and pinpoint exactly where things went wrong.
Understanding Indiana’s Damage Caps
There’s something you should understand about compensation in these cases. Indiana puts a cap on total damages in medical malpractice claims. Individual healthcare providers can be held responsible for up to $500,000. Beyond that, the Patient Compensation Fund might cover additional amounts up to the statutory maximum. It’s complicated, and these caps definitely affect what you can ultimately recover. Timing’s another issue you can’t ignore. You’ve generally got two years from when the injury happened (or when you reasonably should’ve discovered it) to file your claim. Wait too long? You’re probably out of luck.
When Medication Errors Cause Serious Harm
Some medication mistakes are relatively minor. Maybe you felt sick for a few days, but you recovered. Others? They’re catastrophic. We’ve represented people who developed kidney failure from incorrect dosages. We’ve seen brain damage from allergic reactions that weren’t treated fast enough. Cardiac events triggered by drug interactions that never should’ve been prescribed together.
If a medication error at an Indiana hospital harmed you or someone in your family, you don’t have to figure this out alone. As your Indianapolis Medical Malpractice Lawyer, we’ll sit down and review exactly what happened, figure out if you’ve got a viable claim, and walk you through the medical review panel process and whatever comes after. Don’t let the idea of going up against a hospital intimidate you. Yes, these cases require serious investigation and medical knowledge. But they’re also how patients get accountability and how hospitals learn to do better. Reach out to us. Let’s talk about your situation and what your next steps should be.
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“The team at Pavlack Law, LLC, LLC was professional, loyal, and hardworking from beginning to end. Even when I didn’t know if I had a case, they were extremely helpful and demonstrated their expertise from our first consultation all the way through trial.”
“Eric Pavlack and his associates are a great legal team! Anytime I had questions they were always very helpful and got back to me right away. Throughout the whole process they made sure I was comfortable moving forward with each step. I recommend Pavlack Law, LLC, LLC to anyone looking for legal representation.”
“Attorney Pavlack has represented me and my family for years in various cases including Title Insurance, Wills, General Legal Matters and Social Security. He is always efficient and willing to work around our busy schedules. Highly recommended.”