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Prescription Medical Malpractice

Each and every day, millions of people carve out time to take medicine prescribed by a doctor. These medications are taken in hopes of alleviating pain, curing illnesses, and treating injuries. Unfortunately, some patients who are prescribed medication find themselves in even worse shape than they were before they started taking the medication. If you believe that you may be the victim of medical malpractice in the form of a prescription error, the team of attorneys at Gilman & Bedigian can help.

Types of Prescription Errors 

Prescription drug errors can come in a variety of forms. Common types of drug errors include:

  • Prescribing a patient a meditation that he or she is allergic to;
  • Prescribing a patient a medication that negatively interacts with another drug the patient is prescribed;
  • Dosage errors such as prescribing too much or too little medication; 
  • Prescribing or administering the wrong medicine altogether; and 
  • Serious and dangerous adverse side effects of prescription medication.

If you believe that one of the above-listed scenarios–or another similar scenario–may apply to you, the best choice you can make is to seek advice from a medical malpractice attorney.

Proving Medical Malpractice for a Prescription Error 

At its core, a medical malpractice case has the same elements as a standard personal injury case. One of the most important parts of a prescription drug case is to prove that the doctor’s prescribing of the drug was negligent.  

In order to establish negligence on the part of the doctor or healthcare provider, you must show that the doctor failed to live up to the established “medical standard of care.” In other words, you must show that the doctor failed to do what a reasonable healthcare professional would have done if faced with a similar set of circumstances.

In addition to establishing the medical standard of care, you must be able to prove that: 

  • A doctor-patient relationship existed between you and the medical professional who prescribed or administered the prescription; 
  • The doctor owed you a duty to act with the appropriate medical standard of care; 
  • The medical professional breached that duty by failing to live up to the medical standard of care; 
  • The administration or prescription of the medication caused the injuries that you have sustained; and 
  • You have suffered damages as a result of the doctor’s medication and resulting injuries. 

Your best best is to talk to an experienced medical malpractice attorney as soon as possible, as there are time limits on how long a person can wait before filing a case. Once those time limits, otherwise known as “statutes of limitations,” have passed, it can be extremely difficult or even impossible to file your case. 

Injured by a Doctor’s Negligence in Philadelphia? We Can Help

If you have suffered serious medical complications after being prescribed a medication by a physician in or around Philadelphia, the medical malpractice attorneys at Gilman & Bedigian are standing by to help. We are committed to providing the quality representation you need to obtain the financial compensation you deserve. To speak with a member of the Gilman & Bedigian legal team, fill out an online contact form or call (800) 529-6162 today. 

About the Author

Briggs Bedigian
Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm’s litigation practice.  Briggs’ legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 


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