Can I Sue for an Overdose?

woman taking pills

There are a lot of misconceptions regarding overdoses in the world of medication. While there are individuals who do abuse medication, there are some people who can suffer significant harm because of the actions of a medical professional.

Overdoses caused by prescription errors are something that can happen and when they do, it’s imperative for people to recognize what rights are available to take legal action. Of course, there are certain things to consider before pursuing a medical malpractice claim.

Was Negligence Involved?

Before filing a medical malpractice claim, it must be determined if negligence is involved. Typically, regarding an overdose caused by a prescription error, these are the factors that you must identify:

  • Did the doctor prescribe the right dosage of medication?
  • Did the doctor prescribe the right amount of time in between dosages?

If you can show the doctor prescribed an incorrect dosage of the medication, you can hold the doctor liable for these actions. Prescribing too much of a medication can be dangerous to the patient.

Did You Take the Medication as Prescribed?

If you have taken the medication as prescribed, yet you still suffered harm because of an overdose, it goes towards proving negligence. It means that the doctor prescribed more of a medication than you needed and by taking it as you should, you followed the instructions as prescribed.

Proving negligence means showing that you did everything right when taking the medication; however, the doctor may have prescribed a higher dosage and it resulted in an overdose. Once you show both factors, you may be able to take legal action against the doctor who prescribed the medication.

At Webster Vicknair MacLeod, our Houston medical malpractice attorneys are on your side. We know how difficult it can be to endure pain because of medical malpractice and we take every step necessary to guide you through the process with confidence.

Call our firm at (713) 396-5197 today.

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