EXPERIENCED PERSONAL INJURY LAWYER SERVING ALL OF TEXAS
Prescription drug errors can have serious consequences for patients in Texas, including adverse drug reactions, allergic reactions, overdose, and even death. When a healthcare provider makes a mistake in prescribing, dispensing, or administering medication, it may be possible for the patient to seek legal remedies for the harm they have suffered. In this blog, we will explore the legal remedies available to patients in Texas who have been harmed by prescription drug errors.
Medical Malpractice Claims
Medical malpractice is a type of legal claim that may be available to patients who have been harmed by prescription drug errors. In order to bring a medical malpractice claim in Texas, the patient must show that the healthcare provider was negligent in providing care, and that this negligence caused the patient’s injuries. In the context of prescription drug errors, this may involve showing that the healthcare provider failed to follow appropriate medication protocols, misinterpreted a medication order or prescription, or failed to properly monitor the patient’s response to the medication.
Product Liability Claims
In cases where the prescription drug error was caused by a defect in the medication itself, a product liability claim may be appropriate. Product liability claims can be brought against manufacturers, distributors, and sellers of the medication for defects that cause harm to the patient. In order to bring a product liability claim in Texas, the patient must show that the medication was defective in some way, and that this defect caused their injuries.
Negligent Infliction of Emotional Distress Claims
In addition to medical malpractice and product liability claims, patients who have been harmed by prescription drug errors may also be able to bring a claim for negligent infliction of emotional distress. This type of claim allows a patient to seek compensation for the emotional distress and psychological harm they have suffered as a result of the prescription drug error. In order to bring a claim for negligent infliction of emotional distress in Texas, the patient must show that they suffered serious emotional distress as a result of the healthcare provider’s negligence.
Statute of Limitations
Patients who have been harmed by prescription drug errors in Texas must be aware of the statute of limitations for bringing a legal claim. In Texas, the statute of limitations for medical malpractice claims is generally two years from the date of the incident, or two years from the date the patient should have known of the injury. Product liability claims generally have a two-year statute of limitations as well. However, it is important to consult with an experienced attorney to determine the specific statute of limitations that applies to your case.
Conclusion
Prescription drug errors can have serious consequences for patients in Texas, and it is important for patients to understand their legal rights and options for seeking compensation. Medical malpractice, product liability, and negligent infliction of emotional distress claims may be available to patients who have been harmed by prescription drug errors. It is important to consult with an experienced attorney to determine the best course of action for your specific situation.
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