Medications are supposed to heal. But they must be properly prescribed and administered to do that. If not, medication can cause severe injury or death to a patient.
If you or a loved one suffered harm in Las Cruces, NM, because of a medication error or pharmaceutical negligence, you have rights. The Las Cruces medical malpractice lawyers at Coates & Johnson, PLLC can help you pursue accountability. Contact us today to schedule a free consultation.
Why Choose Coates & Johnson, PLLC to Handle My Pharmaceutical Malpractice Case?
Pharmaceutical malpractice cases often involve more than one responsible party and require untangling exactly where the breakdown occurred. Building that kind of case takes attorneys who know medicine as well as they know malpractice law.
Clients in Las Cruces, New Mexico, choose Coates & Johnson, PLLC for their pharmaceutical negligence claims because:
- We focus exclusively on medical malpractice litigation, not general personal injury work
- One of our founding attorneys has medical training, giving us insight into how prescribing and dispensing decisions are actually made
- We partner with physicians, pharmacists, and toxicologists who can pinpoint exactly where the standard of care broke down
- Our partners stay personally involved in every case, preparing each one as if it is headed to trial
- We represent clients on a contingency fee basis, so you owe nothing unless we recover compensation for you
If a medication error harmed you or someone you love, contact us today to schedule a free consultation with a Las Cruces pharmaceutical malpractice attorney.
What Is Pharmaceutical Malpractice?
Pharmaceutical malpractice occurs when a pharmacist or another medical provider fails to meet the standard of care in prescribing or dispensing medication. That failure then causes harm to a patient. These cases can involve a single provider or an entire chain of negligence across multiple parties.
Common forms of pharmaceutical malpractice include:
- Prescribing the wrong medication or incorrect dosage
- Failing to account for known drug interactions
- Dispensing the wrong drug or wrong strength at the pharmacy
- Failing to warn patients of known side effects or contraindications
- Prescribing a medication without reviewing a patient’s full medical history
- Manufacturing defects that result in contaminated or mislabeled drugs
These errors can cause numerous adverse drug reactions, especially when a medication is contraindicated with a drug a patient is currently taking. These errors can also cause organ damage, overdose, and, in some cases, wrongful death. In the event a loved one has passed due to medical negligence, contact our wrongful death lawyer in Las Cruces today.
Recognizing the Signs of a Medication Error
Pharmaceutical malpractice is not always immediately obvious. Because medication injuries can develop gradually or be mistaken for an unrelated condition, they are frequently underidentified.
Patients and families should be alert to situations where:
- A patient’s condition worsens unexpectedly after starting a new medication
- A pharmacist dispenses a drug that looks or acts differently than expected
- A provider prescribes a drug without reviewing existing medications or allergies
- A patient experiences a severe reaction shortly after taking a prescribed drug
- A medication recall affects a drug the patient was taking
These situations do not automatically constitute malpractice, but they may raise red flags about whether the standard of care was met in your situation.
Establishing Liability for Pharmaceutical Malpractice Under New Mexico Law
Under New Mexico law, a successful pharmaceutical malpractice claim requires establishing four core elements.
- You must show that a provider or pharmacist owed them a duty of care.
- You must demonstrate that the provider breached that duty by failing to act as a reasonably competent professional would under similar circumstances.
- The breach must have directly caused your harm.
- You must have suffered actual damages, including medical expenses, lost income, pain and suffering, or other losses.
These claims often require expert testimony from physicians, pharmacists, or clinical specialists who can explain where the standard of care broke down and how it resulted in your injury or adverse condition. In some cases, liability may extend beyond an individual provider to include a hospital system, pharmacy chain, or drug manufacturer.
Contact an Experienced Pharmaceutical Malpractice Lawyer for Help
Medication errors can cause life-altering harm. But a medical malpractice claim can help you regain a sense of normal by holding the negligent provider accountable and obtaining compensation for your losses.
If you believe a prescription error or pharmaceutical failure injured you or a family member, the Las Cruces medical malpractice attorneys at Coates & Johnson, PLLC can help. Call us today for a free consultation to learn more about your rights.