Prescribed the wrong medication? When is it medical negligence?
When you visit your doctor or specialist, you expect them to carefully consider your medical history, current medications, and symptoms before prescribing treatment. But what happens when that trust is broken, and you’re given the wrong medication, or the wrong dosage of medication?
Approximately 250,000 Australians are hospitalised annually because of medication-related issues, and the consequences can be severe, ranging from adverse reactions and hospitalisation to long-term health complications or even death. If you’ve been harmed by a medication error, understanding when it constitutes medical negligence is crucial to protecting your rights and securing the compensation you deserve.
When medication errors become medical negligence
Not every complication or side effect arising from medication use automatically gives rise to a right to compensation. For a successful claim to be made, the error must be shown to fall below the accepted standard of care and cause demonstrable harm to the patient. This generally means proving that a reasonably competent medical professional in similar circumstances would not have made the same mistake.
The law requires three key elements to establish medical negligence in medication cases:
- Breach of Duty of Care
Every health professional owes their patients a duty to provide a reasonable standard of care. A breach occurs when they fail to meet the standard that other reasonable professionals in their field would maintain. In medication cases, this could include:
- Prescribing the wrong medication entirely
- Providing incorrect dosage instructions
- Failing to review your medical history before prescribing
- Ignoring dangerous drug interactions with your existing medications
- Not considering your known allergies
- Prescribing medication contraindicated for your age or condition
- Direct causation
You must prove that the medication error directly caused you harm, or worsened your condition. This isn’t always straightforward, as medical conditions can have multiple contributing factors. However, clear causation exists when, for example:
- You’re prescribed medication you’re allergic to and suffer an anaphylactic reaction
- Incorrect dosages lead to toxicity or organ damage
- Drug interactions cause serious side effects
- Wrong medication delays proper treatment, causing your health to deteriorate
- Documented injury and loss
The medication error must have resulted in actual harm. This can include:
- Physical injuries requiring additional medical treatment
- Psychological trauma from adverse reactions
- Worsening of your original condition
- New medical complications
- Financial losses from additional medical bills
- Lost income due to extended illness or recovery time
Common types of medication negligence
Healthcare systems have multiple points where medication errors can occur, and understanding these can help identify when negligence has taken place:
Prescribing errors: These occur when doctors fail to properly assess your condition, medical history, or current medications before prescribing treatment. Examples include prescribing antibiotics you’re allergic to or blood thinners when you’re already taking medication that increases bleeding risk.
Dosage mistakes: Incorrect dosages whether too high or too low, can be dangerous. Overdoses can cause toxicity, while underdoses may fail to treat your condition effectively, allowing it to progress.
Drug interaction oversights: When healthcare providers fail to check how new medications will interact with your existing prescriptions, the results can be life-threatening. Some drug combinations can amplify side effects or reduce the effectiveness of critical medications.
Failure to monitor: Some medications require regular monitoring through blood tests or check-ups. When healthcare providers fail to provide adequate follow-up care, serious complications can develop undetected.
The complexity of medication negligence cases
Proving medical negligence in medication error cases requires sophisticated legal and medical expertise. Insurance companies and medical defence organisations have experienced legal teams working to minimise their liability. Without equally experienced representation, you may struggle to prove your case or receive fair compensation.
At Maliganis Edwards Johnson our expert team understands the complexity of medical negligence law. We’ve secured millions of dollars in compensation for clients who have suffered due to medical negligence.
Don’t let the complexity of medical negligence law prevent you from seeking justice. Contact Maliganis Edwards Johnson today for a free and confidential consultation about your case.
