Physician Duty of Care in Prescribing
When a physician prescribes medication, they assume a significant legal duty to their patient. This duty requires the physician to exercise the same level of care, skill, and knowledge that a reasonably competent physician in the same specialty would exercise under similar circumstances. Prescribing medication is one of the most common yet consequential actions a doctor takes, and errors can have devastating consequences.
The duty of care in prescribing encompasses multiple obligations. A physician must take a thorough medical history, including all current medications, allergies, and pre-existing conditions. They must select the appropriate medication for the patient's condition, prescribe the correct dosage, provide adequate instructions for use, and warn the patient of potential side effects and interactions.
When a physician fails to meet these obligations and a patient is harmed as a result, the physician may be held liable for medical malpractice. At Roselli & McNelis, we have extensive experience representing patients who have suffered serious injuries due to prescription negligence.
Common Prescription Errors
Prescription errors take many forms, and each can result in serious injury or death. Understanding the types of errors that occur can help patients recognize when they may have a valid malpractice claim.
- Prescribing the Wrong Medication: A physician may prescribe a medication that is inappropriate for the patient's condition, or confuse one medication with another that has a similar name. This type of error can expose the patient to unnecessary risks while failing to treat the underlying condition.
- Incorrect Dosage: Prescribing too high or too low a dose can be equally dangerous. An overdose can cause toxicity, organ damage, or death, while an insufficient dose may allow a condition to worsen without adequate treatment.
- Failing to Check for Drug Interactions: Many patients take multiple medications, and certain drug combinations can cause dangerous interactions. A physician has a duty to review all of a patient's current medications before prescribing a new one.
- Failure to Monitor: Some medications require ongoing monitoring through blood tests or other assessments. When a physician prescribes such a medication and fails to schedule or review necessary follow-up testing, the patient may suffer preventable harm.
- Ignoring Patient Allergies: Prescribing a medication to which a patient has a documented allergy is a serious breach of the standard of care that can result in anaphylaxis or other life-threatening reactions.
Patient Safety Obligations
Beyond selecting and dosing the correct medication, physicians have broader patient safety obligations that extend throughout the prescribing process. These obligations reflect the comprehensive nature of the physician-patient relationship and the trust that patients place in their doctors.
Physicians must provide clear and understandable instructions about how to take prescribed medications, including timing, food interactions, and activities to avoid. They must inform patients of common and serious side effects to watch for, and instruct them on when to seek immediate medical attention. Additionally, physicians must document all prescribing decisions and communications in the patient's medical record.
Pharmacists also play a role in patient safety, and in some cases, may share liability when they fill a prescription that contains an obvious error or dangerous interaction. However, the primary responsibility for safe prescribing rests with the physician who writes the prescription.
Legal Recourse for Prescription Injuries
If you or a loved one has been injured by a prescription error, you may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. To pursue a successful claim, you will need to demonstrate that the prescribing physician owed you a duty of care, that they breached that duty by making an error, and that the error directly caused your injuries.
These cases often require expert medical testimony to establish what the correct course of treatment should have been and how the physician's actions fell below the accepted standard of care. At Roselli & McNelis, our trial attorneys work with respected medical experts to build strong cases on behalf of patients who have been harmed by prescription negligence.
If you suspect that a medication prescribed to you has caused harm, contact Roselli & McNelis for a free consultation. We will review your medical records, consult with experts, and advise you on the strength of your potential claim.