What Can I do if My Medicine Made Me Worse?
If a doctor provides medication that made your conditions worse, then you may be able to file a medical malpractice claim. The statute of limitation in place limits the time an individual has to pursue legal actions. This law varies per state, but in Louisiana, it’s one year, so it is in your best interest to contact a medical malpractice attorney in a timely matter if you have been injured as a result of being prescribed an incorrect medication.
Here’s where it gets a bit tricky and complex to prove, though. A doctor is liable only if they were the one who made the mistake, not if it was someone else’s fault such as, the drug manufacturing company, pharmacist or nurse. A drug manufacturer could distribute a faulty batch of drugs, or a pharmacist could fill a prescription incorrectly. Sometimes you may even be at fault if you failed to provide the doctor with accurate medical history. These scenarios eliminate a doctor from being liable.
Other reasons a doctor may be liable for prescribing medication:
- They prescribed medication that the patient is allergic to
- They prescribed the wrong dosage
- They prescribed the medication for wrong amount of time
- They provided the incorrect instructions for taking the medication
- They prescribed medication that will cause injuries to a patient because of the patient’s other medical conditions.
A patient bringing a claim must prove that the doctor failed to meet the standard of care. The standard of care is the type of care that is practiced by all medical professionals who are in the same field to patients under similar circumstances and in a similar location. This means that the standard of care in Bunkie, Louisiana is not going to be the same as the standard of care at the Mayo Clinic. Testimony from an expert witness will help prove this. (A medical professional in the same field.) After that is proven, you must be able to prove that the medication caused you to be injured, and you suffered damages.