Proving a medication error injury in court involves meeting a specific burden of proof. As the injured party or plaintiff, your attorney must show that the healthcare provider’s actions (or lack of action) directly caused your injury. This is a significant aspect of medication error claims, and each case requires a careful, evidence-based approach to establish liability.
There are four primary elements of proof in a medication error claim: duty of care, breach of duty, causation, and damages. First, we need to establish that the healthcare provider owed you a duty of care, which generally arises as part of the doctor-patient relationship. Remember, once a healthcare provider has agreed to treat you, they assume the responsibility of delivering care that meets New York’s standard of care.
The next step in the case process involves proving that the medical provider breached this duty. In cases involving medication errors, this could mean failing to document an allergy, prescribing the wrong medication, or incorrectly administering a medication. Proving this breach requires showing that the provider’s actions deviated from what a competent healthcare professional would have done in a similar situation.
Causation is another critical element. We need to show that the breach of duty directly caused your injury or worsened your condition. For instance, if a provider’s failure to check for drug interactions led to a harmful reaction, we argue that the provider’s negligence directly caused your injury. Finally, we must quantify the damages, which include medical expenses, lost wages, pain and suffering, and other relevant damages.
Expert testimony is an important part of supporting these claims. Medical experts will explain the standard of care, how the provider’s actions deviated from that standard, and the harmful effects of the medication error on your health. Expert opinions are invaluable in these cases because they can clarify complex medical facts and solidify the basis of your claim.