Most patient overdoses are dealt with by medical malpractice claims. In fact, medication errors are one of the most common mistakes that can lead to malpractice lawsuits. From a doctor’s failure to diagnose potential injurious side effects, to a pharmacist’s clerical error, prescription drug mistakes (especially overdoses) can lead to medical malpractice lawsuits.
Doctors might not be the only ones liable for patient overdoses, however. Sometimes the drug manufacturers can be on the hook if they fail to properly test a new drug, design or manufacture a dangerous drug, engage in deceptive marketing, or fail to provide adequate warnings on their drugs. Often the FDA will demand stronger overdose warnings for specific drugs.
Doctors can be held liable for recklessly prescribing drugs or failing to educate themselves on the potential effects or interactions with other drugs. But drug companies can be held liable for misleading doctors or failing to provide accurate information about the drugs they manufacture.
Medical malpractice claims and products liability claims can be complicated. If you or someone you love has suffered a prescription drug overdose, you can consult with a Parvey & Cavenago attorney about any possible claims.