Denver prescription or medication errors can occur if a medical practitioner, doctor or pharmacist or any other medical professional was negligent in dealing with your medicine, medication or prescription.
If you have suffered a serious injury or worsened medical condition from an error of a medical professional or pharmacists, it is essential to contact a knowledgeable Denver personal injury lawyer as soon as possible.
Under Colorado's medical malpractice statute of limitations or SOL, a medical or health care injury claim may be barred after a certain period of time has passed. According to section 13-80-102.5 of the Colorado Revised Statutes, the statute of limitations is only two years for most medical malpractice cases, including medication or prescription errors.
However, some medical providers are employed by governmental entities. If the provider who committed the malpractice is employed by a governmental entity, such as a state, county, city or university owned or operated hospital, Colorado's governmental immunity laws may apply. Section 24-10-109 of the Colorado Revised Statutes states that an injured individual must first give the governmental entity formal written notice of the claim within 180 days of the date of the incident. If the injured party fails to give proper notice under Colorado law, they will be prevented from filing a lawsuit for their injuries and damages.
Denver Prescription Error Lawyer
Contact the Law Office of Jennifer L. Donaldson today at (303) 458-5000 for a consultation about your medication or prescription error injuries throughout Denver and the surrounding areas of Boulder, Longmont, Lakewood, Arvada, Aurora, Thornton, Westminster, Centennial and Littleton. Attorney Jennifer L. Donaldson is knowledgeable in all areas of medical malpractice claims in Colorado and will make every effort to help you receive full and fair compensation for the injuries you sustained as a result of a medication or prescription error. Call the Law Office of Jennifer L. Donaldson for a consultation about your prescription error claim today.
Denver Prescription Error Claims
A prescription or medication error can be caused in a number of ways; some of the most common causes are as follows:
- A pharmacist failed to correctly fill the prescription;
- A pharmacist failed to properly prepare the prescription;
- The doctor did not clearly and legibly write the prescription;
- The doctor or pharmacist failed to give proper instruction regarding administration of the medication;
- The doctor or physician did not prescribe the correct dosage of medication;
- The doctor prescribed a medication that negatively interacted with the patient's other medications;
- The doctor prescribed a medication to which the patient was allergic;
- The medical professional or pharmacist did not properly monitor the dosage amounts; and/or
- The patient received an incorrect medication form the doctor or pharmacist.
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Prescription Error Lawsuits in Colorado
An individual in Denver that has sustained a serious injury, worsened medical condition or death as a result of a prescription or medication error should immediately contact a personal injury attorney.
In order to recover damages for your medication or prescription error in Denver, you must be able to prove the medical practitioner or pharmacist were negligent in that they owed you a duty, they breached their duty, and as a result you suffered injuries, damages or losses. The negligence claim must be proven by a preponderance of the evidence, which is a burden of proof that is established if the evidence weighs slightly more in the injured party's favor than it does not.
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Damages for Medication Errors
As stated in the Colorado Revised Statutes, an individual who files a lawsuit for their medication or prescription errors may be entitled to recover any of the following forms of damages:
- Economic Damages - These damages are also known as compensatory damages and are intended to compensate the injured party for any actual or financial loss they have suffered or will continue to suffer in the future as a result of the prescription or medication error. Economic damages may include loss of earnings, medical and rehabilitation expenses, loss of earning capacity, and any other economic losses.
- Non-economic Damages - These damages are intended to compensate the injured party for any non-financial loss they have suffered from the medication or prescription error, such as:
- Physical harm or impairment,
- Emotional pain and suffering,
- Mental stress,
- Impairment of quality of life, and/or
- Physical disfigurement.
According to the Colorado Revised Statutes § 13-64-302, noneconomic damages for all medical malpractice cases, including medication and prescription errors, are currently capped at $300,000.
Under section 13-64-302 of the Colorado Revised Statutes, if the prescription pill or medication errors claims against a health care provider or health care institution in Colorado, total damages, including economic and noneconomic damages, are typically capped at $1 million per patient. However, the court may award damages in excess of the economic damages limitation if there is a showing of good cause that the actual economic damages exceed the limitation and such limitation would be unfair.
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Law Office of Jennifer L. Donaldson | Medication Error Attorney in Aurora, CO
Contact the Law Office of Jennifer L. Donaldson today for a consultation about your medication or prescription error claim in Denver County and the surrounding areas of Boulder County, Jefferson County, Adams County and Arapahoe County. Jennifer Donaldson is an experienced medical malpractice attorney in Denver who will listen to the facts of your particular situation and make every effort to help you receive just compensation for the injuries you received as a result of your medication or prescription error. Call (303) 458-5000 for a consultation about your prescription error claim in Colorado today.