Legal Options for Victims of Prescription Drug Errors in Texas

Prescription drug errors can have serious consequences for patients in Texas, including physical harm, emotional distress, and financial losses. Patients who have been harmed by prescription drug errors may be able to seek compensation through legal action. In this blog, we will explore the legal options available to victims of prescription drug errors in Texas.

Medical Malpractice Claims

One of the most common legal options for victims of prescription drug errors in Texas is to file a medical malpractice claim against the healthcare provider who caused the error. In order to bring a medical malpractice claim in Texas, the patient must show that the healthcare provider acted negligently in prescribing, dispensing, or administering medication. Negligence can include errors such as prescribing the wrong medication or wrong dose, failing to monitor a patient’s response to medication, or misinterpreting a medication order or prescription.

To bring a medical malpractice claim in Texas, the patient must also show that the healthcare provider’s negligence caused their injuries. This may require expert testimony from medical professionals who can testify about the standard of care in prescribing, dispensing, or administering medication, as well as the specific actions of the healthcare provider that caused the patient’s harm.

Product Liability Claims

In some cases, prescription drug errors may be caused by defects in the medication itself. In these cases, a product liability claim may be appropriate. Product liability claims can be brought against the manufacturer, distributor, or seller of the medication for defects that cause harm to the patient. 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

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.

Wrongful Death Claims

In the most tragic cases, prescription drug errors can result in the death of the patient. In these cases, the patient’s family members may be able to bring a wrongful death claim against the healthcare provider or other responsible parties. To bring a wrongful death claim in Texas, the family members must show that the prescription drug error was a direct cause of the patient’s death.

Statute of Limitations

It is important to note that there is a statute of limitations on medical malpractice and other personal injury claims in Texas. In most cases, patients have two years from the date of the injury to bring a claim. However, there are exceptions to this rule, and it is important to speak with an experienced personal injury attorney as soon as possible to ensure that your legal rights are protected.

Conclusion

Patients who have been harmed by prescription drug errors in Texas may have legal options available to them to seek compensation for their injuries. Medical malpractice claims, product liability claims, negligent infliction of emotional distress claims, and wrongful death claims are all potential avenues for seeking justice and compensation for harm caused by prescription drug errors. If you or a loved one has been harmed by a prescription drug error, it is important to speak with an experienced personal injury attorney who can help you understand your legal options and protect your rights.