A contraindication exists when a specific surgery, drug, or procedure should not be used because it presents a risk of harm to:
- An individual patient due to something in the person’s medical or pharmaceutical history. This contraindicatory factor can be the existence of a medical condition, such as high blood pressure or a history of heart problems
- A class of patients, such as those who are taking another medication that does not combine well with the first medication
- All potential patients
Drug contraindications and interactions can cause health hazards and adverse medical conditions. These can include:
- Shifts in heart rate or other vital signs
- Harsh swings in blood indicators, such as sugar levels or insulin levels
- Adverse effects on organs and other bodily systems
- Nausea, vomiting, stomach issues, and other related conditions
Negative drug interactions can lead to short-term as well as long-term damage. In some circumstances they may lead to very intense or life-threatening conditions, such as heart attacks or seizures.
How Does Medical Malpractice Pertain to Drug Interaction Injuries?
Medical malpractice occurs when a medical professional provides substandard care to a patient. All medical professionals, such as pharmacists and doctors, are supposed to practice comparable standards of medical care as a professional of reasonable skill. When a medical professional delivers substandard care, medical malpractice may result.
For example, before prescribing a new medication, it is the standard of care to inquire about a patient’s medication history including what other medications they are taking. Failing to do so could lead to the wrong medications being prescribed. The medical professional may be held responsible for malpractice if their failure results in a negative drug interaction.
Another example is when a pharmacist makes an error when prescribing medication to a patient. This can result in the wrong dose size, inappropriate medications, and other errors, leading to a negative drug interaction.
How Is the Standard of Care Specified?
The requisite standard of care is usually determined by assessing the performance and abilities of professionals practicing near the person accused of malpractice. For instance, a rural physician’s resources will often be more limited than those of a metropolitan doctor, which may be considered when determining the appropriate standard of care.
Examples of common standards of care include:
- The National Standard of Care: requires a doctor or pharmacist to use the degree of skill and care of a reasonably competent practitioner in their field under the same or similar circumstances
- The Locality Rule: requires a doctor or pharmacist to have the reasonable caliber of skill and knowledge that professionals generally possess in the locality where they practice
- The Respectable Minority Rule: where the medical professional did not observe the same course of therapy that other physicians or pharmacists would have followed, but they can show that a respectable minority of practitioners accept the course of treatment that they recommended
How Is the Standard of Care Proved?
Usually, expert witness testimony is necessary in medical malpractice cases to establish the standard of care. Other forms of evidence may be considered depending on the situation.
What If I Cannot Establish Negligence?
If actual negligence can’t be proved, even though it is clear that it must have existed, an injured patient may still be able to prevail on their claim. For instance, a patient may not know the details of the wrongful behavior because they were unconscious during surgery.
In such cases, the patient must demonstrate:
- That they suffered an injury that is not a predictable complication of the care they received
- That the injury does not usually happen unless someone has been negligent
- That the professional was accountable for the patient’s well-being at the time of the injury
How Does Product Liability Pertain to Drug Interaction Injuries?
There are defective product laws in place to protect consumers from dangerous items. Product liability refers to a manufacturer, retailer, or seller of a product being held liable for allowing a defective product to reach the consumer, regardless of the consumer’s own negligence.
An example of this would be a drug manufacturer being held liable for placing a defective medication into the stream of commerce. All parties involved in the distribution chain may be found guilty of product liability – the manufacturer, the distributor (such as a pharmacy or a single pharmacist), and more.
A defective product can be defined as any product that is unreasonably dangerous when being used for its intended purpose, without any alterations or interference. In the case of medications, the defect may be caused by faulty labeling, a design defect, or a manufacturing defect.
One common issue for design defects in drugs is improper or missing warning labels.
If a person is injured due to manufacturer’s wrongdoing, they can file a personal injury lawsuit. Damages in an injury lawsuit can cover various expenses, including lost wages, wages, hospital bills, and other losses.
What Can Limit My Damages If I’m Injured from a Drug Interaction?
When physicians and other medical professionals prescribe or dispense an incorrect drug or amount, sometimes they are found to be minimally liable or free from liability. Why?
If you are not honest with your medical professional about your health, or about other drugs you are taking (especially illegal drugs), the blame for a bad drug effect will most likely be shifted to you. Many patients don’t tell their doctors if they take any illegal drugs because they don’t believe it matters, but in some cases certain prescription drugs that are otherwise harmless can cause severe injury or death if mixed with an illegal substance.
Also, the pharmacist or doctor will often remind you and let you know how to safely take the medication or what food to avoid if you take it. If you disregard these warnings and are injured by the drug, you are contributorily negligent to your injury. This means that you are partly liable. In some states that will reduce the amount of money you can win in a lawsuit, and in some states that will mean you cannot win the suit at all.
Medications must also be stored correctly, and if they are altered or damaged due to too much heat or water, you should not take the medication. If you take the medication anyway, it is doubtful that your physician or pharmacist can be held fully liable.
Ultimately, the outcome of a lawsuit will depend on the facts of your case. Each case is unique, and there are cases where the medical professional is wholly liable. But you should realize that it is possible that the patient can be held primarily liable for an injury due to a drug interaction. The court will decide based on the evidence at hand.
Do I Need a Lawyer to Sue for Injuries from Drug Interactions?
You might need to contact a personal injury lawyer if you were harmed because of a drug interaction that was not your fault. Injury laws can vary from state to state, and it is important to see a local, experienced lawyer.
Your lawyer will be able to explain to you your legal rights and the strengths and weaknesses of your case. The lawyer will know of experts who can evaluate your situation to determine if medical malpractice occurred.
Lawyers are skilled at negotiations. It may be possible to negotiate with the doctor, pharmacist, or other medical professional without needing to file a lawsuit. But finally, if it proves necessary your lawyer can file a lawsuit on your behalf and can guide you through the process.
