The Types of Damages That Are Available in Pharmacy Error Cases

In Maryland personal injury cases, a range of damages may be available, depending on the circumstances of the case. Damages are generally divided into two categories: general damages and special damages. Special damages are awarded for the plaintiff’s economic damages, whereas general damages are awarded for noneconomic damages and other damages. Examples of special damages are medical bills, transportation costs, physical therapy, past, and future wage losses, loss of future earning capacity, diminished earning capacity, and loss of consortium. General damages can include pain and suffering, and other noneconomic damages. All of these damages are compensatory damages, which means that they are intended to compensate the plaintiff for the plaintiff’s injuries. As in any personal injury claim, in a medical error case a plaintiff must prove all of the alleged damages.

In addition to compensatory damages, some plaintiffs may be awarded punitive damages. Punitive damages, also called exemplary damages, are meant to punish the defendant for the defendant’s conduct and to deter others from bad behavior. In those cases, a plaintiff must show that the defendant had actual knowledge of the wrongful conduct. There are caps on some types of damages in Maryland, so it is essential to consult with an attorney to understand which types and amount of damages are available.

Three-Year-Old Child Overdoses on Morphine After Pharmacy Error

Human error resulted in the recent overdose of a 3-year-old, according to one news article. The article reported that the toddler was prescribed morphine after he had tonsil surgery and had his adenoids removed and tubes put in his ears. The medical staff prescribed the toddler morphine and told the family that it was routine. The toddler’s parents filled the morphine prescription at a pharmacy without any consultation with a pharmacist. Later that day, the parents read the instructions on the medication and gave their child the medicine. According to his mother, the next morning, the toddler’s father picked him up, “and his head flopped right back.” The mother said the child was unresponsive and not breathing properly. The parents rushed the child to the hospital where doctors said that he had overdosed. The hospital staff gave him naloxone to stabilize him, and he eventually recovered.

Afterward, the doctors realized that the morphine prescription had been incorrectly given to the child at five times the intended dosage. The pharmacy stated that human error was the cause of the mistake. The child’s family is urging others to be vigilant with prescriptions, while the pharmacy is taking responsibility for the mistake, and has offered to pay the child’s medical bills.

Consult a Maryland Personal Injury Lawyer

Even if a pharmacy admits its error and offers to pay your medical bills, you may be entitled to many more damages in a personal injury claim, including for your emotional pain and suffering. Medication errors can take a severe emotional toll on a family. The personal injury lawyers at Lebowitz & Mzhen have over twenty years litigating cases related to Maryland medication errors and pharmacy misfills in the Baltimore region. Our attorneys work closely with medical experts to pursue the compensation you deserve. If you or a loved one has suffered due to a medication error, contact Lebowitz & Mzhen online or at 1-800-654-1949 for a free consultation.

More Blog Posts:

Three Common Causes of Prescription Errors in Maryland and Nationwide, Pharmacy Error Injury Lawyer Blog, September 24, 2018.

Experts Warn Against Physicians Texting Prescriptions to Pharmacies, Pharmacy Error Injury Lawyer Blog, October 1, 2018.

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