Medication Overdose in Hospitals: Who Can Be Held Liable?
There are many misconceptions about overdosing in the world of medication. Indeed, some people intentionally abuse medication. However, there are cases of people who receive the wrong dosage of drugs through no fault of their own while under hospital care. Sadly, such cases are more frequent than many realize, and the consequences can be devastating. Patients who overdose on medication can suffer organ damage, lasting disability, and even death. A common question that arises after such an incident is, “Who can be held liable?” The answer to this question is not as straightforward as you might think. In fact, multiple parties may share responsibility depending on how the mistake occurred. Let us explore this further!
Did You Take the Medication as Prescribed?
Before going into who can be held liable after a medication overdose happens in a hospital, we must first tackle a crucial issue. If you suffered harm due to a medication overdose while in hospital, the first question you need to address is, “Did you take the medication as prescribed?” If you took the medication as prescribed, yet you still suffered harm because of an overdose, it means that negligence occurred. It means that a medical professional prescribed more of a drug than you needed, resulting in an overdose.
Who Can Be Held Liable?
Now, who can you hold accountable if you suffered harm because of a medication overdose due to no fault of yours? Several parties may be to blame, including the following;
- The Prescribing Doctor
Doctors are required to show good judgment when caring for their patients, including when prescribing medication. These medical professionals have a legal obligation to carefully consider factors such as a patient’s medical history, age, and other medications they may already be taking before prescribing any medication. If a doctor prescribed a high dose without considering the relevant factors, they can be held liable for any resulting harm.
- The Prescribing Nurse
Sometimes, mistakes happen during administration and not prescription. A nurse may fail to double-check the dosage or timing, confuse patients, or misread the chart. In such a case, the nurse may be held liable.
- The Pharmacist or Pharmacy
In some overdose cases, the error happens at the pharmacy. A pharmacist or pharmacy may dispense the wrong dosage or drug despite the doctor having prescribed the correct drug and dosage. Even in a case where a prescription contains an error, a pharmacist or pharmacy may be held liable for failing to catch the mistake and act on it.
- The Hospital
If a staff member caused the medication overdose, the hospital can be held liable under the legal principle of vicarious liability. This principle holds that an employer can be held liable for the negligence of its employees. A hospital can also be held directly liable if it failed in its direct duties, such as ensuring staff are properly trained and monitoring patient safety.
Medication overdoses in health facilities should never happen, but unfortunately, they do, and at an alarming rate. If you suffered harm due to an overdose, it is vital to know that you have legal options. Depending on how the mistake happened, you may be able to hold multiple parties liable.
Contact Us for Legal Help
Navigating the aftermath of a medication overdose can be overwhelming, but you don’t have to go through it alone. Contact our experienced Towson medical malpractice lawyers at Hardball Law for help understanding your rights and taking the necessary steps to pursue justice and compensation.
Source:
medlineplus.gov/ency/article/007287.htm
