Medication Errors and Misuse
Pharmaceutical medications can be wonderful aids in healing, but they can also kill and injure.
Physicians or hospital staff can negligently give medication in error, such as the wrong dose, wrong medication, or wrong method of administration. Sometimes the manufacturing labels on medication are confusing and lead to errors even by the best staff.
Medication can also be misused. A very common example includes the use of tranquilizers to sedate patients so they are less ‘bother’ to the nursing staff.
Interestingly, there are trends in medication errors in hospitals. It’s well known that in July the error rates increase because that is when new medical residents arrive and begin their learning experiences. Holiday weekends also have spikes in error rates, due to staffing patterns in facilities.
Statute of Limitations
The statute of limitations in California for personal injury claims is two years from the date of the accident. (Cal. Code of Civ. Proc. Section 335.1). This means if the claim is not resolved, and a lawsuit is not filed within the two- year period, the claimant will be forever barred from seeking money damages for personal injuries.
Medical negligence, products liability, and elder abuse causes of action are also governed by strict statute of limitations. And cases against a public entity (e.g. city, state, school district, etc) have specific claims-filing requirements. Under most circumstances a claim must be filed with the governmental entity within six months of the date of harm.
Accordingly, for any cases involving medication errors, it is important to consult with an attorney as soon as possible.
If you have questions about a case involving a medication error, or medication misuse, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll-free at 866-607-1325, or locally at 760-571-5500