When a doctor prescribes a drug to treat or prevent illness, you could have a reasonable expectation the drug is safe to take works as intended, and feel confident that all side effects and adverse reactions are known. Unfortunately, that may not always be the case.
Pharmaceutical companies have a duty to properly research the side effects of their drugs. When doctors or pharmacists fall short in those duties, innocent patients may suffer serious or even fatal injuries.
Fortunately, you may be able to seek compensation for these injuries with the help of a well-practiced Oak Lawn prescription drug errors lawyer. If you believe a prescription drug error directly caused harm to you or a loved one, it is highly advisable to seek legal assistance from a dedicated medical malpractice attorney with whom you could discuss your legal rights and options.
Key Aspects of Prescription Drug Errors
From prescribing doctors to pharmacists, multiple parties involved in dispensing medication could make a mistake that leads to a patient suffering serious injuries. Some common errors may include:
- Failing to fill a patient’s prescription correctly
- Failing to recognize any contraindications
- Prescribing the wrong type or amount of medicine
- Failing to look at a patient’s medical history
Under 735 ILCS 5/2-622, a prescription drug errors lawsuit in Oak Lawn requires the plaintiff to attach an “affidavit of merit” to the complaint declaring that the plaintiff has consulted with a knowledgeable healthcare professional. The affidavit must also include a detailed report from that professional affirming that the lawsuit in question has merit.
If a plaintiff is unable to obtain the required consultation because of the statute of limitations filing deadline, the affidavit and documentation must be filed no more than 90 days after the lawsuit is filed. Failure to file a complete affidavit of merit may be grounds for dismissal of the suit. A skilled Oak Lawn prescription drug errors attorney may be able to ensure this kind of mistake does not happen in a case. Therefore, an injured individual should contact a seasoned lawyer as soon as possible.
Statute of Limitations
The Illinois statute of limitations places a limit on the amount of time a plaintiff who allegedly suffered from a prescription drug error has to file a lawsuit in civil court. According to 735 ILCS 5/13-212(a), the lawsuit must be brought within two years of the date on which the plaintiff first discovered their injury and within four years of when the injury first occurred.
There is also a strict deadline for lawsuits filed by plaintiffs under the age of 18 at the time they were harmed. In this scenario, a plaintiff must file within eight years of the date on which the medication error occurred. However, their case may no longer be brought forward after they reach the age of 22.
After the statutory time limit has passed, the court may refuse to consider the lawsuit and the injured plaintiff may lose their chance at recovery. In order to ensure all appropriate deadlines for a civil case are met, it may be wise to retain the services of a prescription drug errors lawyer in Oak Lawn.
Contact an Oak Lawn Prescription Drug Errors Attorney
When a person suffers adverse side effects from a wrongfully prescribed drug, serious and even permanent injuries may occur. Moreover, additional illnesses may result that an appropriate functioning drug could have prevented, or which directly resulted from the drug-related injury. As a result, you may need to endure extensive hospitalization.
If you believe you were injured by the negligence of a healthcare professional who prescribed you the wrong drug, an experienced Oak Lawn prescription drug errors lawyer could analyze the facts of your situations and possibly advise you about what legal steps you should take next. Call today to learn more about your legal options.
