Wrong Prescription Medication and Medical Malpractice Claims

Medical Malpractice and Personal Injury Attorney Representing Clients in Somerset and Hunterdon, New Jersey

Wrong Prescription Medication and Medical Malpractice ClaimsA medical malpractice claim can arise if a doctor gives the wrong medication for the treatment of a disease. The medical professional will be personally held liable for prescribing the wrong medication or an incorrect dose of the medication that result in serious side effects.

A side effect refers to an adverse reaction that occurs due to taking medication. The effects can be minor or they can be serious such as damage to the kidneys, liver, or even death. A doctor that prescribes a medicine has the legal obligation to consider:

  • known side effects of the medication
  • the benefits and risks associated with the medication in light of the patient’s health
  • the relationship with other medications that are taken by the patient

Also, the pharmacists are required to dispense the medications properly. They must read the prescription instruction and give the correct medication according to the prescribed dosage. In case the prescribed medications are administered in the hospital, the nurses or other health care providers are required to administer the correct dosage of the drug following accepted protocol.

Failure of the medical personnel including doctor, nurse, pharmacist or other health care experts in administering the medicine can provide the basis for a medical malpractice claim.

What to Do If You Are a Victim of Medical Malpractice in Somerset County NJ

If you or someone you know has suffered due to wrong administrating of a drug, you should hire a medical malpractice attorney in NJ. Proving liability in a medical malpractice case due to giving wrong medication requires presenting evidence that the medical personnel was negligent in prescribing or administering the medication.

A medical malpractice lawyer will gather evidence to establish:

  • The standard of medical care and advice offered to the patient
  • Whether the medical personal deviated from standard medical practice
  • How the patient suffered due to wrong prescription or administration of the medication

The standard of medical care is the first thing that must be looked into to establish the blame. The patient should receive that level and type of care and advice that is expected from a professional having similar experience and training. A professional attorney will gather evidence that shows that the medical professional failed to maintain a suitable standard of care when prescribing the medication. The attorney will find out what the doctor did that was not in accordance with proper standard procedure.

Lastly, the attorney will help in filing the claim for the medical malpractice. The attorney will offer assistance in navigating through the court requirements for filing the case. Also, the professional medical malpractice attorney can offer qualified advice on the actions you need to take that can make a strong case against the medical professional.

Get in Touch with a Hunterdon County Medical Malpractice Attorney

For professional advice and consultation regarding filing medical malpractice claim for the wrong prescription, you should contact the Law Office of Brian J. Levine for a no obligation, free consultation. Brian J. Levine is a legal professional who has been helping clients with medical assistance cases in Somerset County, Bridgewater, New Brunswick, and Somerville in NJ for over 30 years.


Office Location

The Law Office Of Brian J. Levine

75 North Bridge Street

Somerville, NJ 08876

Telephone: 908-524-0123