Victims of a Maryland medication error may be able to recover financial compensation through filing a civil claim against the people and entities responsible for the medication error, such as a pharmacy or a medical provider. Filing a civil claim against those responsible (generally through a negligence claim) includes investigating, preparing, and filing the claim in court. Some defendants may choose to settle the case, while others may proceed to trial. In a successful claim, a victim may be able to recover a range of damages.
Generally, damages fall into two categories: economic and non-economic damages. Economic damages are damages with a fixed dollar amount, whereas non-economic damages do not have a fixed value. Examples of economic damages are past and future medical treatment, lost income, transportation costs, and physical therapy treatment. Examples of non-economic damages are pain and suffering, disfigurement, loss of companionship, and loss of parental care. Both economic and non-economic damages are considered “compensatory” damages—intended to compensate the victim for the losses the victim suffered. There is a cap on non-economic damages in injury cases in Maryland, though there is no cap on economic damages, and more can be recovered in some instances.
In certain cases, punitive damages are appropriate. Punitive damages are reserved for cases in which the defendant acted with actual malice or with deliberate wrongdoing. They are meant to serve as a punishment for the defendant and as a deterrent for others. At trial, the victim has to prove all of the damages they are claiming. Generally, a plaintiff has to prove all damages under the “preponderance of the evidence” standard, but punitive damages must be proved by the higher standard of “clear and convincing evidence.”
Relationship Building Essential in Avoiding Medical Errors
Good communication in the healthcare field is essential to avoid medical errors, as one study found. As reported by one news source, the study revealed that that 66% of medical errors were caused by ineffective communication. In the pharmacy field, building good relationships between the pharmacy, the pharmacy technician, the provider, and the patient helps build trust and effectively communicate instructions. Importantly, pharmacy technicians are often one of the last lines of defense in protecting patients from adverse medication interactions and preventing a medication error. That is why they need good communication skills to address the issue with the pharmacist, the provider, and the patient.
Have You Been Injured Due to a Medication Error?
If you have been injured due to a medical error or medication error, you may be able to recover damages such as the ones listed. The financial loss of an injury can be overwhelming. An experienced Maryland medication error attorney can evaluate your claim and guide you through the legal process. At Lebowitz & Mzhen, LLC, our Maryland pharmacy error attorneys represent medication error victims in the Maryland and Washington, D.C. region. We aim to reduce the stress on you as much as possible so that you can get your life back on track. To schedule a free consultation, call 1-800-654-1949 or contact us online.