Was Your Stroke Misdiagnosed? When a Delayed Diagnosis May Lead to a Medical Malpractice Claim

When someone is experiencing a stroke, time can have a major effect on the treatment options available and the extent of resulting brain injury. A stroke occurs when blood flow to part of the brain is blocked or when a blood vessel in the brain ruptures. Without prompt treatment, brain tissue can be damaged, potentially resulting in permanent neurological impairment, disability, or death.

The Centers for Disease Control and Prevention emphasizes that every minute counts during a stroke and that rapid treatment can reduce brain damage. Common warning signs include sudden weakness or numbness, particularly on one side of the body; difficulty speaking or understanding speech; vision problems; dizziness or loss of balance; and a sudden severe headache.

Because stroke treatment is highly time-sensitive, an unreasonable delay in recognizing, diagnosing, or treating a stroke can have serious consequences. In some circumstances, a patient who suffered additional harm because of such a delay may have grounds for a medical malpractice claim.

Why a Timely Stroke Diagnosis Matters

There are two major categories of stroke: ischemic stroke, which occurs when an artery supplying the brain becomes blocked, and hemorrhagic stroke, which occurs when a blood vessel ruptures. Determining which type of stroke has occurred is critical because the appropriate treatments are different.

Current American Heart Association/American Stroke Association guidelines emphasize rapid evaluation and brain imaging for suspected ischemic stroke. The 2026 guidelines recommend intravenous thrombolytic treatment with either alteplase or tenecteplase for eligible patients within a 4.5-hour treatment window. Certain patients may qualify for treatment beyond that period based on advanced imaging and other clinical criteria. Endovascular thrombectomy, a procedure used to physically remove certain large-vessel blood clots, may also be appropriate for selected patients, including some who present as long as 24 hours after symptom onset.

These time windows do not mean that every patient who arrives within a certain number of hours should receive a particular treatment. Eligibility depends on the patient’s symptoms, medical history, imaging, medications, stroke type, location of the blockage, and other clinical factors.

They do illustrate, however, why unnecessary diagnostic delays can matter. A patient who might have qualified for a particular treatment at one point may no longer be eligible after too much time has passed.

How Can a Stroke Be Misdiagnosed or Diagnosed Too Late?

Stroke symptoms do not always present identically from one patient to another. Some symptoms can overlap with other medical conditions, and a physician reaching an incorrect initial diagnosis does not by itself establish malpractice.

A potential malpractice issue may arise when the patient’s evaluation or treatment falls below the applicable professional standard of care.

Depending on the circumstances, a delayed-diagnosis case could involve allegations such as:

  • Failing to appropriately evaluate symptoms that reasonably suggested a possible stroke
  • Failing to obtain appropriate brain imaging in a timely manner
  • Misinterpreting or failing to act upon CT, MRI, or other test results
  • Failing to obtain an appropriate neurological consultation
  • Failing to monitor changes or worsening neurological symptoms
  • Unreasonably delaying a transfer to a facility capable of providing necessary stroke treatment
  • Failing to act on important information provided by the patient, family members, or emergency medical personnel
  • Delaying indicated treatment after a stroke has been identified

Whether any particular action or omission constitutes negligence depends on the facts of the individual case and generally requires review by qualified medical experts.

A Misdiagnosis Alone Does Not Automatically Mean Medical Malpractice

A poor outcome does not necessarily mean that a doctor or hospital was negligent.

Under Pennsylvania law, a medical malpractice plaintiff generally must establish a duty owed to the patient, a breach of that duty, a causal connection between the breach and the patient’s harm, and resulting damages. Medical expert testimony is typically required to establish the relevant standard of care and whether a healthcare provider’s conduct fell below it.

That means the important question in a stroke misdiagnosis case is not simply:

“Did the healthcare provider initially get the diagnosis wrong?”

The investigation must also consider:

“Did the provider fail to act as a reasonably competent healthcare professional should have acted under the circumstances, and did that failure contribute to additional harm?”

Proving That the Delay Made the Stroke Outcome Worse

Causation can be one of the most important and complex issues in a delayed stroke diagnosis case.

Suppose a patient’s stroke was eventually diagnosed but the patient was left with paralysis, cognitive impairment, speech difficulties, or another serious disability. It is not enough simply to establish that treatment was delayed. Medical evidence generally must connect the delay to the patient’s injuries.

Attorneys and medical experts may examine whether a more timely diagnosis would have made the patient eligible for additional treatment, whether treatment could have restored blood flow earlier, and whether earlier intervention could have reduced the extent of brain damage or other complications.

Pennsylvania courts recognize that medical malpractice cases generally require expert evidence regarding whether a departure from the standard of care caused or substantially contributed to the patient’s harm.

Evidence That May Be Important in a Delayed Stroke Diagnosis Case

The timeline of events can be particularly important in stroke litigation. Relevant evidence may include:

  • Ambulance and emergency medical service records
  • Emergency department triage records
  • The reported time symptoms began or the patient’s “last known well” time
  • Nursing assessments
  • Neurological examination findings
  • Physician notes
  • CT and MRI orders and completion times
  • Radiology reports
  • Neurology consultation records
  • Hospital transfer requests and records
  • Medication orders and administration records
  • Records showing changes in the patient’s condition
  • Rehabilitation and long-term treatment records

These records may help determine what healthcare providers knew, when they knew it, what actions they took, and how much time passed at each stage of the patient’s care.

Damages Following a Delayed Stroke Diagnosis

Stroke injuries can affect virtually every part of a person’s life. Depending on the circumstances and what can legally be proven, damages in a medical malpractice action may involve losses connected with medical care, rehabilitation, lost earnings, reduced future earning capacity, physical limitations, pain, and other consequences of the injury.

Severe strokes may also create long-term needs for assistance with mobility, communication, personal care, transportation, and other activities of daily living.

A malpractice claim must distinguish injuries caused by the stroke itself from additional harm legally attributable to the alleged delay or negligent treatment.

Pennsylvania Medical Malpractice Claims Have Filing Deadlines

Pennsylvania imposes time limits on negligence claims involving personal injury. The state’s general statute provides a two-year limitations period for actions seeking damages for personal injury caused by negligence. Exactly when that period begins to run can involve additional legal rules and depends on the circumstances of the individual case.

For that reason, someone who believes a stroke may have been misdiagnosed should not assume that there is unlimited time to investigate what happened.

Speak With Cooper Schall & Levy, P.C. About a Possible Stroke Misdiagnosis

Determining whether a delayed stroke diagnosis constitutes medical malpractice requires much more than reviewing the final diagnosis. The entire timeline of care may need to be reconstructed, medical records analyzed, and appropriate experts consulted to determine whether the standard of care was violated and whether the delay caused additional harm.

If you or a family member suffered serious complications after a stroke was missed or diagnosed too late, Cooper Schall & Levy, P.C. can review the circumstances and help determine whether you may have a medical malpractice claim.

Contact Cooper Schall & Levy, P.C. to discuss your situation and learn more about your legal options.

Medication Errors in Nursing Homes: Legal Options for Families in Pennsylvania

Families place a great deal of trust in nursing homes and long-term care facilities. When an elderly loved one depends on staff for daily medication, even a single mistake can have serious consequences. A missed dose, wrong medication, incorrect amount, or delayed response to side effects can lead to hospitalization, decline in health, or even death.

Medication errors in nursing homes are especially concerning because many residents already have serious medical conditions, take multiple prescriptions, or rely on staff to monitor changes in their health. In Pennsylvania, families may have legal options when a medication error is caused by negligence, poor supervision, understaffing, or unsafe facility practices.

Pennsylvania’s Department of Health allows families to file nursing home concerns or complaints, including through its complaint hotline and online complaint process. Families may also seek help through Pennsylvania’s Long-Term Care Ombudsman program for concerns involving medications, staffing, facility procedures, and resident care.

Common Types of Medication Errors in Nursing Homes

Medication errors can happen in many ways. Some may appear minor at first, while others can quickly become life-threatening.

Common examples include:

  • Giving the wrong medication
  • Giving the wrong dosage
  • Missing scheduled doses
  • Giving medication at the wrong time
  • Failing to monitor for side effects
  • Mixing medications that should not be taken together
  • Continuing discontinued medication
  • Failing to follow physician orders
  • Improper use of sedatives or psychotropic medications
  • Failing to document medication administration properly

For nursing home residents, these mistakes can be especially dangerous. A medication error involving blood thinners, insulin, heart medication, pain medication, sedatives, or antibiotics can cause serious harm and may be fatal.

Why Medication Errors Happen

Medication mistakes are rarely “just accidents.” In many cases, they are connected to deeper problems within the facility.

Potential causes may include:

  • Understaffing
  • Poor staff training
  • Lack of supervision
  • Failure to follow care plans
  • Poor communication between nurses, doctors, and pharmacies
  • Inaccurate medication records
  • Rushed medication rounds
  • Failure to monitor changes in a resident’s condition
  • Ignored complaints from residents or family members

Federal nursing home oversight also recognizes medication safety as an important part of resident care, including concerns involving medication errors, unnecessary medications, and high-risk medications.

Signs a Medication Error May Have Occurred

Families may not always be told right away that a medication error happened. In some cases, the first warning sign is a sudden change in the resident’s condition.

Possible red flags include:

  • Sudden confusion or extreme drowsiness
  • Unexplained falls
  • Dizziness or fainting
  • Changes in blood pressure or heart rate
  • New bruising or bleeding
  • Nausea, vomiting, or dehydration
  • Seizures
  • Hospitalization shortly after a medication change
  • A sudden decline in physical or mental condition
  • Staff giving unclear or inconsistent explanations

If something feels wrong, families should ask questions and request documentation. Medication administration records, physician orders, pharmacy records, incident reports, and hospital records may all help determine what happened.

When Can a Nursing Home Be Held Responsible?

A nursing home may be responsible if a resident was harmed because the facility failed to provide proper care. In medication error cases, this may involve failing to follow a doctor’s orders, failing to properly train staff, failing to monitor the resident, or failing to respond when symptoms appear.

A legal claim may examine whether the nursing home:

  • Had proper medication policies in place
  • Followed the resident’s care plan
  • Properly documented medications
  • Communicated changes to doctors and family members
  • Had enough trained staff on duty
  • Responded appropriately after the error occurred
  • Took steps to prevent similar errors in the future

These cases often require a careful review of medical records, facility records, staff notes, pharmacy logs, and the resident’s full health history.

What Families Should Do After Suspecting a Medication Error

If you believe a loved one suffered harm because of a nursing home medication error, it is important to act quickly.

Families should consider taking the following steps:

  1. Seek immediate medical attention for the resident
  2. Ask the nursing home for a written explanation of what happened
  3. Request medication administration records and care plan documents
  4. Write down names of staff members involved
  5. Document changes in the resident’s condition
  6. Save hospital discharge paperwork and test results
  7. File a complaint with the appropriate Pennsylvania agency if needed
  8. Speak with an attorney before signing releases or accepting explanations from the facility

Pennsylvania families can report nursing home concerns to the Department of Health, including by phone, online complaint form, email, mail, or fax.

Legal Options for Families in Pennsylvania

Depending on the circumstances, families may be able to pursue a claim for compensation when a nursing home medication error causes injury or death.

Compensation may involve:

  • Medical expenses
  • Hospital bills
  • Pain and suffering
  • Decline in quality of life
  • Additional care needs
  • Emotional distress
  • Wrongful death damages, when applicable

Every case depends on the evidence. The key questions are what medication error occurred, why it happened, whether the nursing home failed to meet the required standard of care, and how the error harmed the resident.

Contact a Pennsylvania Nursing Home Negligence Lawyer

Medication errors in nursing homes should be taken seriously. When a vulnerable resident is harmed because a facility failed to provide safe and attentive care, families deserve answers.

The attorneys at Cooper Schall & Levy, P.C. represent individuals and families in nursing home negligence and medical malpractice matters throughout Pennsylvania. If your loved one was injured because of a medication error in a nursing home or long-term care facility, contact our office today to discuss your legal options.

Financial Exploitation in Nursing Homes and Assisted Living: Red Flags Families Can’t Ignore

Financial exploitation of seniors in nursing homes and assisted living facilities is a pervasive and often hidden form of elder abuse. When someone exploits a resident’s finances — whether through theft, coercion, or unauthorized use of funds — the emotional and economic impact can be profound. Because this type of abuse doesn’t leave visible scars, families must remain vigilant and informed.

What Is Financial Exploitation?

Financial exploitation occurs when someone improperly uses or steals a resident’s money, assets, or property for personal gain. This abuse can be committed by caregivers, facility staff, other residents, or even trusted family members or agents with financial authority.

Common Red Flags Families Should Watch For

Recognizing financial abuse early can protect your loved one’s security and dignity. Key warning signs include:

  • Unexplained Financial Activity: Large or frequent withdrawals, unfamiliar transactions, or bills showing payments to unknown individuals.

  • Sudden Document Changes: Unexpected changes to wills, trusts, powers of attorney, or beneficiary designations.

  • Missing Funds or Items: Cash, jewelry, valuable items, or personal documents that cannot be accounted for.

  • Unpaid Bills Despite Adequate Funds: Notices for overdue bills or utilities when the resident should have sufficient funds.

  • Isolation From Family: A caregiver or facility restricting access to the resident, especially around financial discussions.

  • Pressure or Secretive Behavior: A resident who appears uneasy talking about money or is pressured to sign documents.

Why Seniors in Care Are Vulnerable

Older adults in long-term care settings may have diminished cognitive capacity or rely on staff and others to help manage finances. This creates opportunities for exploitation, particularly in understaffed facilities with lax oversight.

What Families Should Do Next

If you suspect financial exploitation:

  1. Document Everything – Keep detailed records of transactions, statements, and any observed changes.

  2. Report to Authorities – Contact Adult Protective Services (APS), local law enforcement, and, when applicable, the Long-Term Care Ombudsman.

  3. Consult an Attorney – A lawyer experienced in elder abuse and financial exploitation can help protect assets, pursue civil remedies, and hold responsible parties accountable.

  4. Speak With the Facility – Report concerns to the facility administrator and request written documentation of your complaint.

  5. Protect Future Financial Decisions – Review powers of attorney and financial authorizations; consider trusted professional oversight if needed.

Legal Options for Victims

Financial exploitation isn’t just unethical — in many states, it’s unlawful. Victims and their families may be entitled to compensation for stolen funds, breached fiduciary duties, and other harms. Legal claims can be brought against individuals, caregivers, and facilities that fail to prevent or actively engage in financial abuse.

Financial exploitation in nursing homes and assisted living settings can devastate a family’s financial security and the emotional well-being of a loved one. Awareness, vigilance, and prompt action are key. If you notice signs of potential abuse, don’t wait — get support, seek legal guidance, and protect your loved one’s rights and assets.

Defective Medical Devices: From FDA Recalls to Lawsuits & What Injured Patients Should Do Next

When a medical device fails, the consequences can be devastating. Devices intended to save lives and improve health can sometimes cause serious injury — even death — due to defects in design, manufacturing, or labeling. While FDA approval is meant to ensure safety, it doesn’t guarantee that a device won’t cause harm once it’s in widespread use.

Understanding Medical Device Recalls
The U.S. Food & Drug Administration (FDA) classifies medical device recalls by risk level. A Class I recall indicates a reasonable probability of serious injury or death, while Class II and III recalls indicate lesser risks but still serious concerns. Recalls can be voluntary by manufacturers or mandated by the FDA.

Why Devices Fail
Medical device failures stem from issues such as:

  • Defective design — flaws built into the product from the beginning 
  • Manufacturing defects — problems that occur during production 
  • Failure to warn or inadequate instructions — leaving patients unaware of risks 
  • Misleading marketing or claims 

Notable Examples of Medical Device Litigation
Recent high-profile cases show the broad scale and impact of defective device litigation. For example:

  • Sleep apnea machines: A multinational company agreed to pay over $1.1 billion to resolve lawsuits over recalled respirators that could emit harmful debris into patients’ airways. 
  • Knee, hip, and shoulder implants: A major implant-maker filed for bankruptcy amid thousands of injury lawsuits after a voluntary recall related to defective packaging. 
  • Hernia mesh litigation: Manufacturers have settled tens of thousands of claims alleging harm from defective mesh products. 

These cases highlight both the legal complexity and potential compensation available when patients are harmed by defective medical devices.

Your Legal Rights After a Defective Device Injury
Even if a device has been recalled, injured patients may still have legal options. A recall does not automatically bar you from filing a lawsuit — it often strengthens your case for compensation for medical bills, lost earnings, and pain and suffering.

What Should Injured Patients Do Next?
If you believe a medical device caused harm:

  1. Seek Medical Attention Immediately — Your health comes first. Document injuries and treatment. 
  2. Preserve Evidence — Save the device, packaging, manuals, and any recall notices. 
  3. Document Everything — Take photos of injuries, gather medical records, and keep detailed notes. 
  4. Contact an Experienced Attorney Right Away — Time limits (statutes of limitations) vary by state. Consult a firm experienced in defective device litigation as soon as possible to protect your rights. 

Medical devices play a critical role in modern health care — but when they fail, the legal system exists to hold manufacturers accountable. If you or a loved one has suffered injury from a device that was recalled, failed, or caused unexpected harm, you deserve full compensation for your losses. Contact an experienced product liability attorney to explore your options.

Social Media Mistakes That Can Destroy Your Personal Injury or Malpractice Claim

Social media can quietly wreck your personal injury or medical malpractice case. Insurance companies and defense lawyers routinely look at Facebook, Instagram, TikTok, and more for anything they can use against you.

Here are the biggest mistakes to avoid:

1. Posting About the Accident or Your Care

Anything you say about how it happened, how you feel, or what doctors told you can be twisted to argue you’re at fault or “not that hurt.”
Rule: Don’t post about the accident, your injuries, your treatment, or the lawsuit. At all.

2. “I’m Fine” Photos and Check-Ins

Gym selfies, party pics, vacations, or smiling group shots can be used to claim you’re not in pain or limited the way you say you are.
Rule: No activity photos, trips, or “feeling better!” updates while your case is active.

3. Ranting About the Doctor, Hospital, or Other Driver

Angry posts can make you look biased, inconsistent, or just out for revenge.
Rule: Don’t argue your case online. Let your lawyer handle the story.

4. Accepting New Friend Requests or DMs

Strangers trying to connect could be fishing for more access to your posts.
Rule: Ignore new friend/follow requests and keep your circle tight.

5. Deleting Old Posts on Your Own

Once a claim is underway, deleting posts can create a “you’re hiding something” problem.
Rule: Don’t delete or clean up anything without talking to your attorney first.

Smart Social Media Habits During a Case

  • Stay off social media as much as possible.

  • Never post about the accident, injuries, or your case.

  • Ask friends and family not to tag or post about you.

  • Call your lawyer before you post anything you’re unsure about.

How Cooper Schall & Levy Can Help

Cooper Schall & Levy represents personal injury and medical malpractice clients in Philadelphia, the surrounding counties, and New Jersey. The firm can guide you on what to avoid online, respond when the defense tries to misuse your posts, and build your case on real evidence — not social media snapshots.

If you’ve been injured or harmed by medical negligence, contact Cooper Schall & Levy for a free consultation before you share anything else online.

The Role of Expert Witnesses in Strengthening Your Injury Case

In personal injury and medical malpractice claims, strong evidence often requires more than just medical records and witness testimony. Expert witnesses can provide specialized knowledge that helps juries and insurance companies understand the true cause and impact of an injury.

What Is an Expert Witness?
An expert witness is a professional with specialized knowledge who explains technical issues in a case. Their testimony can bridge the gap between complex facts and legal arguments.

Types of Expert Witnesses in Injury Cases

  • Medical experts: Explain how an accident or malpractice caused the injury.

  • Accident reconstructionists: Recreate crashes to clarify fault.

  • Vocational experts: Assess how injuries impact future employment.

  • Economists: Calculate long-term financial losses and future earning capacity.

Why Expert Testimony Matters
Insurance companies often downplay injuries or argue that damages are exaggerated. Expert witnesses bring credibility and clarity, strengthening negotiations and, if necessary, trial presentations.

How Cooper Schall & Levy, P.C. Uses Experts
Our attorneys partner with leading specialists to present the strongest case possible. These experts have helped us secure multi-million-dollar awards for clients in Philadelphia and across Pennsylvania and New Jersey.

Conclusion
Expert witnesses can make the difference between a weak claim and a successful case. If you’ve been injured, trust Cooper Schall & Levy, P.C. to bring in the right experts and fight for the compensation you deserve. Contact us today for a free consultation.

The Importance of Medical Records in Auto Accident Claims

After a serious car accident, medical records often serve as the most powerful evidence in your personal injury case. They connect your injuries directly to the crash and help establish the compensation you deserve.

Why Medical Records Matter
Insurance companies frequently question the severity or cause of injuries. Thorough medical records create an undeniable link between the accident and your condition, documenting both the immediate and long-term effects.

What Records Should Include

  • Emergency room evaluations.
  • Diagnostic tests like X-rays, MRIs, and CT scans.
  • Physician notes and treatment plans.
  • Records of follow-up care and rehabilitation.
  • Expert medical opinions linking injuries to the accident.

Common Mistakes Victims Make

  • Delaying medical treatment.
  • Skipping appointments.
  • Failing to disclose pre-existing conditions.

Each of these can weaken your claim and give insurers the opportunity to argue against full compensation.

How Our Attorneys Use Medical Documentation
The attorneys at Cooper Schall & Levy, P.C. work closely with physicians and expert witnesses to ensure your medical records are complete and compelling. This evidence has helped us achieve multi-million-dollar verdicts and settlements for accident victims across Philadelphia, Drexel Hill, and beyond.

Conclusion
Medical records are the foundation of a strong car accident claim. If you’ve been injured, don’t risk gaps in your documentation. Contact Cooper Schall & Levy, P.C. today to protect your health and your legal rights.

Informed Consent in Medical Procedures: What Patients Need to Know

Before any medical procedure, patients have the right to be fully informed about the risks, benefits, and alternatives involved. Known as “informed consent,” this principle is fundamental in healthcare. When informed consent isn’t obtained, patients may have grounds for legal action if harm occurs.

What Informed Consent Means

Informed consent involves a transparent process where healthcare providers explain the treatment or procedure, addressing:

  • Details of the Procedure: Why it’s recommended and what it entails.
  • Risks and Benefits: Including possible side effects or outcomes.
  • Alternatives: Other treatment options, including the choice to decline the procedure.

When Informed Consent is Not Provided

If informed consent is neglected, patients may undergo treatments with unexpected risks, leading to physical or emotional trauma. This can constitute medical malpractice, especially if a patient suffers harm due to undisclosed risks.

Steps to Take if You Believe Consent Wasn’t Properly Obtained

If you were not fully informed before a procedure:

  1. Gather Documentation: Keep records of any conversations, written materials, or pre-procedure notes.
  2. Seek Legal Advice: An attorney can help determine if your rights were violated.

 

Informed consent is a vital part of patient care, ensuring individuals can make educated health decisions. If you believe your rights to informed consent were not honored, Cooper Schall & Levy, P.C. is here to assist. Contact us today to learn more about your rights and pursue any legal remedies available.

The Dangers of Diagnostic Errors in Emergency Rooms

Emergency rooms are high-pressure environments where quick, accurate diagnoses are critical. Unfortunately, diagnostic errors can occur, leading to serious complications for patients. Understanding the types of errors and legal rights is essential if you or a loved one has been affected.

Common Diagnostic Errors in Emergency Rooms

Some frequent types of diagnostic errors include:

  • Missed Diagnoses: Symptoms are overlooked, leading to missed diagnoses for conditions like heart attacks or strokes.
  • Delayed Diagnoses: Late diagnoses can result in severe health complications.
  • Incorrect Diagnoses: Misinterpretation of symptoms can lead to incorrect treatments.

Consequences of Diagnostic Errors

The results of diagnostic errors can be devastating, leading to prolonged suffering, increased medical costs, or even fatal outcomes. In time-sensitive cases like sepsis, incorrect or delayed diagnoses may drastically reduce a patient’s chance of recovery.

Legal Options for Patients Affected by Diagnostic Errors

If you believe a diagnostic error harmed you, a legal claim may be possible. Key elements of a claim include:

  • Medical Records: Detailed notes on symptoms, treatments, and consultations.
  • Expert Testimony: Medical experts may testify to establish if the standard of care was breached.
  • Documentation of Symptoms: Evidence that symptoms were present but disregarded or misinterpreted.

 

Diagnostic errors in emergency rooms can cause serious harm, with potentially lasting effects. If you’ve suffered due to a diagnostic error, it’s crucial to understand your rights. At Cooper Schall & Levy, P.C., our attorneys are experienced in medical malpractice cases and dedicated to helping patients seek justice. Contact us today to discuss your options.

Proving Negligence in Prescription Drug Errors

Prescription drug errors can have devastating consequences, and proving negligence is a crucial step in seeking justice. This involves identifying how the error occurred and who is responsible, whether it’s the prescribing physician, the pharmacist, or the healthcare facility.

Identifying Prescription Drug Errors

Prescription drug errors can occur at various stages:

  • Prescription: Incorrect medication or dosage prescribed by the physician.
  • Dispensation: Pharmacist provides the wrong medication or incorrect dosage.
  • Administration: Errors in giving the medication to the patient, either in a hospital or home setting.

Proving Negligence

To prove negligence in prescription drug errors, several key elements must be demonstrated:

  1. Duty of Care: Establish that the healthcare provider or pharmacist owed a duty of care to the patient.
  2. Breach of Duty: Show that this duty was breached through actions such as prescribing the wrong medication or failing to check for drug interactions.
  3. Causation: Prove that the breach of duty directly caused harm to the patient.
  4. Damages: Demonstrate that the patient suffered actual damages, such as medical expenses, pain and suffering, or lost wages.

Roles of Pharmacists and Physicians

Both pharmacists and physicians play critical roles in ensuring patient safety:

  • Physicians: Must accurately diagnose and prescribe the appropriate medication, considering patient history and potential drug interactions.
  • Pharmacists: Are responsible for verifying prescriptions, providing the correct medication and dosage, and educating patients about how to take their medication safely.

Evidence to Support Claims

Gathering strong evidence is crucial in prescription drug error cases:

  • Medical Records: Detailed documentation of the prescribed medication and any subsequent errors.
  • Pharmacy Logs: Records from the pharmacy showing the dispensation of the medication.
  • Expert Testimonies: Insights from medical experts on how the standard of care was breached and the resulting harm.
  • Patient Statements: Accounts from the patient and family members about the effects of the error.

Conclusion

Prescription drug errors can have serious and lasting effects on patients. Proving negligence involves a thorough understanding of the legal standards and the roles of healthcare providers.

At Cooper Schall & Levy, P.C. our experienced attorneys are dedicated to helping victims of prescription drug errors seek justice. Contact us today for a free consultation and let us support you through this challenging time.