Prescription errors are common, however, in many cases, they are improperly handled. As a result, those injured rarely get a chance to seek proper compensation for the injuries they have received. Often times those injured parties are not aware that the loss of fetus was attributed to potential medication errors. If you were pregnant at the time of the injury it is possible to pursue a cause of action for the injuries sustained. Make sure to have your case properly documented and evaluated by a prescription error attorney
Proving Fault, Liability for Injuries
In order to show fault for damages you need to demonstrate that the facility made some type of mistake in the dispensing of your medication. What this means is that the pharmacy which you were purchasing your products incorrectly dispensed medication. This is why you should keep copies of any and all receipts and communication between you and the pharmacy. Additionally, you should document the original prescription provided by your physician.
Generally, in order to show liability we will follow the paper trail to identify what went wrong. While many pharmacies have controls in place to prevent medication errors, it is often improperly trained pharmacist or technicians that cause the problem.
Often times, after careful evaluation of time cards and training schedules, it becomes clear that the pharmacist was not properly trained or was required to work substantial amount of hours. As a result, they are more likely to make such errors.
Case Value – Type of Injuries Recoverable
If you suffered the loss of a fetus, no amount of money will be sufficient. However, it is your responsibility to hold those accountable at fault for your injuries you have sustained. In such cases, you are permitted to file a wrongful death cause of action for the injuries sustained. Determining the value of the case will depend on the degree of the injury.
Case value is generally determined by evaluating the type of injury. Wrongful death cases caused by medical malpractice are subject to specific MICRA limitations. These limitations place a cap on the amount of recovery permitted in such cases. This cap is set at $250,000 for the loss of a life caused by a medical malpractice error. Prescription medication errors are considered medical malpractice and thus subject to these rules.
Therefore, any loss of fetus claim caused by medical malpractice (i.e. incorrect medication) is subject to this limitation. However, under certain exceptions, it is possible to go around this limitation and maximize the claim.
In the unfortunate event that a fetal death or miscarriage occurs, significant psychological harm will occur. Psychological trauma is recoverable, so long as you can show that there was, in fact, some type of trauma. In order to recover from psychological trauma you must have it documented medically. To do so it is required that you have a proper evaluation conducted and follow-up visits as needed.
Psychological harm associated with this type of loss can have long lasting impacts on the plaintiff and the family. It is important that any claim for damages include or adjust for this element of your claim.