How to Sue a Doctor for a Fatal Medication Error

We place tremendous trust in our doctors, relying on their expertise to keep us safe. Tragically, preventable medication errors can result in fatal outcomes. Studies show that medication mistakes are one of the most frequent and avoidable causes of patient harm.

When a loved one dies due to a doctor’s careless medication error, families may pursue a wrongful death claim. While no lawsuit can bring back a lost life, it can provide financial compensation and justice with the guidance of an experienced Phoenix medical malpractice lawyer.

What Are the Most Common Types of Medication Mistakes?

Medical malpractice claims are centered on a medical provider’s failure to uphold the standard of care accepted by the medical community. The above medical journal describes medical errors as the “failure of a planned action to be completed as intended or the use of a wrong plan to achieve an aim.”

The most commonly described causes of medication errors include the following:

• Administering the wrong medication
• Administering the wrong dose of a medication
• Using an incorrect medication delivery route (such as injecting an oral medication)
• Administering a medication to the wrong patient
• Failing to obtain a patient’s complete medical history to prevent allergic reactions or adverse drug interactions

Doctors may be directly responsible for a fatal medication mistake through any of the above errors or by failing to effectively communicate directions for medication type, dosage, and delivery methods to pharmacists, nurses, or patients.

How Do I File a Lawsuit After a Loved One Dies From a Doctor’s Medication Mistake?

A medication mistake is a preventable medical malpractice injury. When it causes the patient’s death, it becomes what the courts consider a legally wrongful death. Like other states, Arizona has generous protections for family members who suffer emotional and financial harm due to preventable injuries, including medical malpractice cases, such as fatal medication mistakes. Suing a doctor for medical malpractice wrongful death requires documenting clear and convincing evidence that meets the following legal requirements for liability:

• A doctor/patient relationship was in place at the time the medication error occurred
• The doctor owed a duty of care to treat the patient at the standard accepted as appropriate by the medical community
• They violated their duty of care to the patient
• The violation of their duty of care caused the patient’s death
• The family members suffered economic and non-economic damages from the death

It takes an experienced investigation and substantial evidence to prove that a doctor’s actions leave them liable for wrongful death damages. If the doctor failed to act the way another reasonable medical provider would have under the same circumstances, it’s medical malpractice. If the malpractice resulted in the patient’s death, then a close family member may file a wrongful death claim against the doctor who breached their duty of care to the patient.

Who Can File for Wrongful Death In Arizona After a Fatal Medication Error?

Arizona limits those who can file wrongful death claims to the immediate family members who suffer the economic burden of the loss, as well as emotional anguish. This prevents distant relatives from exploiting the death for financial gain. Arizona 12-612 states the following:

“An action for wrongful death shall be brought by and in the name of the surviving husband or wife, child, parent or guardian, or personal representative of the deceased person for and on behalf of the surviving husband or wife, children or parents, or if none of these survive, on behalf of the decedent’s estate.”

In other words, there is a hierarchy of those who may sue a doctor for a fatal medication mistake, as for other causes of wrongful death, beginning with the spouse, parent, or child of the decedent. If the decedent leaves no close family behind or they choose not to file a claim, then a representative of the estate may file a wrongful death lawsuit on behalf of the estate. If the representative settles or wins the case, the terms of the decedent’s will or the state’s intestacy laws determine who inherits the estate, including the wrongful death settlement or award.

How Does a Wrongful Death Lawsuit for a Doctor’s Medication Mistake Work?

Most wrongful death cases begin as a claim against the appropriate insurance company. In medication error cases, a family member files a wrongful death claim against the medical provider’s malpractice insurance. Unfortunately, insurance companies are rarely eager to pay out on claims and may dispute, delay, or deny a medication error claim. For this reason, it’s beneficial to hire an experienced Phoenix wrongful medical death lawyer to do the following:

• Conduct an independent investigation into the malpractice case by examining all medical records and consulting with medical experts
• Document compelling evidence of the doctor’s liability from medical records, the medical examiner’s report, doctors’ notes, medical expert testimony, and eyewitnesses
• Ensure that the evidence meets the burden of proof through a preponderance of evidence showing medical malpractice liability
• Carefully calculate the family’s damages to maximize the amount they can recover in the medication error claim
• Present the compelling case to the doctor’s malpractice insurance company and negotiate for the highest possible settlement
• Take the case to court if the insurance company fails to offer an ample settlement

Most cases are resolved with a settlement from the provider’s medical malpractice insurance; however, an experienced medical malpractice lawyer is always trial-ready and willing to take the case before a judge and jury when required to achieve a jury award for the family’s compensation.

What Damages Can I Recover By Suing a Doctor After a Fatal Medication Mistake?

A successful medication error claim holds the doctor accountable by providing the decedent’s surviving family member compensation for common damages such as the following:

• Reimbursement for medical costs if the decedent received emergency medical care after the error
• Funeral and burial expenses
• The lost wages of a family member who took time away from work to deal with the loss
• The loss of the loved one’s income for the remaining working years they would have had left to them if they hadn’t died
• Compensation for the loss of benefits, such as health insurance and retirement contributions
• Loss of household services
• Compensation for emotional grief and anguish
• Compensation for the loss of a spouse’s companionship and consortium or a parent’s emotional support and guidance

Suing a doctor for a fatal medication mistake may seem like a daunting legal endeavor. Still, a successful claim alleviates financial stress and allows the family time to deal with the grief of their loss.

How a Phoenix Medical Malpractice Lawyer Can Help

Navigating a wrongful death claim for a fatal medication error can be complex. The experienced attorneys at Knapp & Roberts help families gather evidence, document damages, and pursue maximum compensation while guiding them through the legal process with care and compassion.