A medication overdose can cause significant injury, neurological damage, or even death. If your overdose was caused by an error in prescribing the correct drug or a mistake in filling your prescription, your harm could have been avoided. The doctors, pharmacists, and pharmaceutical companies responsible for your injuries or the death of a loved one should be held liable for the harm you faced.
If you or a loved one was injured because of a medication overdose or because a drug was improperly filled or prescribed, call Bennett and Heyman today. Our Baltimore medication overdose attorneys can investigate your case, determine the at-fault parties, and file a lawsuit to recover damages for you. For a free legal consultation, call our law offices today at (401) 429-7856.
Claims Against Pharmacies and Doctors for Medication Overdoses
Any medication is still a drug and can cause harm to your body in high amounts. Because of this, doctors should take care when prescribing drugs and never use a higher dose than is necessary to achieve the desired effect. Doctors should also monitor you, especially if you are on a high dose or regularly take certain medications. This can help ensure that the medication is working as prescribed and is not causing negative effects because the dosage is too high.
If a doctor fails to follow these principles and prescribes a dose that is too high, you could suffer serious adverse effects. Many drugs could cause damage to your liver, kidneys, or nervous system if they are consistently taken in a high dosage – or even after one overdose. If the doctor is responsible for this increased harm, the doctor should be held liable in a medical malpractice lawsuit.
Alternatively, the pharmacy may be at fault for filling a high-dose prescription. If the pharmacy makes an error and gives you a prescription that is higher than the prescribed dose, the pharmacist could be responsible for the harm it causes you. If the pharmacist should have known that the prescribed dosage was dangerous but filled the prescription anyway, you may be entitled to sue the pharmacy that filled the prescription alongside the doctor that prescribed it.
Other overdoses occur because the patient becomes addicted to or reliant upon the medication. Your doctor should talk to you about the risks of addiction and overdose and consider these risks when deciding whether to prescribe the drug in the first place. If your doctor gave you a highly addictive drug, such as many opioids, and failed to discuss the risks of addiction or potential harm from an overdose, your reliance on the information the doctor did give you may make them responsible for not warning you of the drug’s dangers. If the drug labeling did not contain sufficient warnings, you may also be able to sue the pharmaceutical manufacturer.
Damages for Pharmaceutical Overdose Injuries in Maryland
The damages you suffer from a drug overdose can include physical effects, financial effects, and mental suffering. The financial harms you face can often be calculated from financial records and compensated in full. The physical and mental harms you face are harder to calculate but can nonetheless be claimed as part of a lawsuit against the pharmaceutical manufacturer, the pharmacist, the doctor, or another defendant who caused your injuries.
Economic effects of an overdose injury typically cover the medical expenses and lost wages you suffered because of the overdose. If the overdose led you to be taken to the hospital and receive emergency medical transportation and medical care, the cost could be expensive. While drugs like Naloxone (Narcan) can reverse the effects of many overdoses, potentially saving your life, this medication can also be expensive. Additionally, if the overdose caused serious damage to your liver or kidneys or resulted in a heart attack or a stroke, you could require extraordinary medical intervention and require ongoing medical care to help reverse the effects of the overdose and get you back to health. These medical expenses should be claimed in full. In addition, any other economic damages, such as lost wages from time off work, could also be claimed.
The physical and mental effects are harder to explain and prove to a jury, but they can still be compensated. Your testimony and testimony from family and friends can help demonstrate to the court how the overdose caused physical pain and discomfort and how it caused mental and emotional suffering from the injury, fear of death, and lasting effects. These damages are typically “capped” in Maryland in lawsuits against doctors, but these damages may still be a huge part of the case.
If a loved one was killed by a medication overdose, you could suffer substantial harm that the court can attempt to compensate. No monetary damages can replace a loved one, but the funds can help support you and your family in their absence. The cost of lost services from the deceased, such as chores around the house and lost council and companionship can be claimed. Additionally, if the deceased was a provider in your household, damages for their lost wages going forward can be claimed. You can also claim wrongful death damages for the cost of burial and a funeral.
Talk to a lawyer about what your case might be worth and how to maximize your damages.
Call the Baltimore Medication Overdose Injury Lawyers at Bennett and Heyman for a Free Legal Consultation
If you or a loved one was seriously injured because of an overdose involving a prescription or over-the-counter medication, contact our Baltimore medication overdose lawyers today. Bennett and Heyman’s attorneys may be able to take your case to court and fight to get you compensation for your injuries and the harm you suffered. To schedule your free consultation, call us today at (410) 429-7856.