Patients have to put a great deal of faith in their doctors, nurses, and pharmacists. We put our lives in the hands of medical providers. But medical providers can make mistakes just like anyone else. Since medication errors occur all too frequently, doctors, nurses, and pharmacists have to be vigilant in making sure that every patient is getting the right medication.
Proving Negligence in Medication Error Cases
To recover damages in a Maryland medication error case, a plaintiff must show that the defendant acted negligently. Negligence can be shown by demonstrating that the defendant was negligent in doing or failing to do something. A plaintiff must show the following elements: the defendant had a legal duty to use due care toward the plaintiff, the defendant failed to perform that duty, the plaintiff suffered damages, and the defendant’s failure to perform the required duty caused the plaintiff’s damages.
Examples of damages available to medication error victims include medical expenses, lost wages, physical therapy, and loss of earning capacity.