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Doctor’s Decision to Stop Medication Leads to Lawsuit After Patient Suffered a Stroke

Deciding when a patient should or should not be on medication is a critical part of a doctor’s job. However, the decision is not always clear-cut and, many times, the doctor must use his or her discretion after weighing both the benefits and potential risks associated with administering the medication. If you have been injured by a medication error, you might be able to recover compensation in your case. At DeFrancisco & Falgiatano Personal Injury Lawyers, our diligent Syracuse medical malpractice attorneys will parse your claim and devise a legal plan that maximizes your chances of recovery.

In a recent case, a 72-year-old man was brought into the ER of a hospital complaining about shortness of breath for the past few hours. He was about 30-40 pounds overweight and was sweating profusely. He suffered from hypertension for which he was on medication for a number of years. The patient was also a former smoker and indicated that he led mostly a sedentary lifestyle.

After relevant tests were conducted, the doctor diagnosed the patient with congestive heart failure and atrial fibrillation and prescribed him a blood thinner. The patient’s condition improved over the next few months and the doctor decided to take him off the blood thinners. The man later had a stroke that left him permanently disabled and confined to a wheelchair. He sued the doctor for malpractice.

Medical Malpractice Arising from Medication Errors

Medical malpractice is a broad term that generally describes any treatment, lack of treatment or deviation from accepted standards of care on the part of a health care provider that results in patient harm. Put another way, medical malpractice takes place when a medical professional causes injury or death to a patient by failing to use the level of care that a reasonable medical professional in the specialty would have used under the same circumstances. Medical malpractice can take many forms, including medication errors. To establish malpractice, the plaintiff must prove the following:

  • The medical professional owed the patient a duty of care;
  • The medical professional breached the duty of care owed to the patient;
  • The medical professional’s breach was a direct cause of the patient’s harm; and
  • The patient suffered compensable harm as a result.

Once each and every one of the elements are established, the plaintiff will be able to recover compensation for his or her injuries including, but not limited to: medical expenses, rehabilitation costs, lost wages, disability and any other losses stemming from the malpractice.

Experienced Syracuse Medical Malpractice Attorneys

Medication errors can lead to long-term harm. If you or someone close to you has been injured due to a medication error, you may be entitled to compensation for your harm. At DeFrancisco & Falgiatano Personal Injury Lawyers, our Syracuse medication error attorneys have the skill, experience and resources to handle your case. We know that dealing with a medical injury is incredibly stressful for both the patient and their families, which is why we will handle your case with the utmost compassion. For more information, please call us today at 315-479-9000 or reach us through our website.

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Errors in Medical Records Can Lead to Malpractice Claim,  Syracuse Personal Injury Blog, November 16, 2018

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