Holding Medical Professionals Accountable for Preventable Adverse Drug Events

You took a medicine to feel better. Instead, you got worse or were seriously hurt. If that has happened to you or someone you love, you are not alone. Every day, medicines harm people across the country and in Kentucky. It may be due to a healthcare professional’s negligence, or the medication could be unsafe.

Satterley & Kelley, PLLC attorneys represent clients seeking compensation for injuries caused by others. If medications or healthcare professionals have harmed you, you may be entitled to compensation. Learn more by calling us at (855) 385-9532.

What Is an Adverse Drug Event?

An adverse drug event (ADE) is the term for a medication causing someone harm. It might be mild, like an upset stomach, or very serious, like organ damage, a stroke, or death.

Not all ADEs will get you compensation. Drug manufacturers and medical professionals are allowed some legal room to make decisions (and mistakes) without facing lawsuits. But some ADEs cross that line. If one was preventable because what happened was beyond what is acceptable, like a wrong dose, the wrong drug, or a failure to warn the patient about a known danger.

There is a lot of potential for harm. Medical professionals can choose from more than 10,000 prescription medications, and nearly a third of US adults use five or more medications, according to the Agency for Healthcare Research and Quality. ADEs cause nearly 700,000 hospital emergency department visits and 100,000 hospitalizations annually.

What Is Negligence?

Legal and insurance claims for compensation for injuries are usually based on the negligence legal theory, which, if evidence supports it, could be used in ADE situations, potentially against medical professionals responsible for you using the medication, or the companies supplying you with a dangerous medication.

To prove medication negligence or malpractice, you, the plaintiff (the injured party), must establish the following:

• There was a duty to care for the patient by the defendant (the person or party accused of negligence)
• That the duty was breached
• That breach caused your harm
• Your harm is recognized under Kentucky law (pain, suffering, physical disability, lost wages) as a result

Part of the case would be establishing the accepted standard of care for the defendant, given the situation. This is what is recognized as the proper course of action. If the doctor, nurse, or pharmacist didn’t provide that standard of care and you were injured as a result, they may be held liable. Proving these issues requires the testimony of medical experts.

If the medication is the cause of the injury because it’s unreasonably dangerous for its intended use, product liability law may also be applied to hold all those responsible for your injury accountable. This would involve establishing that the drug is unreasonably dangerous because of its design or formulation, its manufacture, or its incomplete or inaccurate instructions or warnings.

How Might Negligence Play a Role in an ADE?

Negligence can enter the picture at almost any step in the process of getting and using a medicine. Anyone in the chain of people providing you the medication could potentially be negligent, including the following:

• The drug’s manufacturer
• The hospital you’re in
• The physician ordering the drug
• The pharmacist supplying it
• The nurse, if they’re physically giving it to you

A serious enough error could happen when your medication is prescribed, ordered, filled, or given to you. This could include the following:

• You were prescribed the wrong medication
• You were prescribed a medication without it being determined if you might have a bad reaction to it, or if it may cause problems, given the other medications you’re using
• You may be given the wrong drug
• You get the correct medication, but in the wrong dose
• There’s no follow-up to check if something has gone wrong

If the drug is defective, a manufacturer may be negligent in many ways, including the following:

• Insufficient research into the negative side effects
• Ignoring evidence of negative side effects
• Not ensuring the ingredient supply is safe
• Allowing a manufacturing process that results in contaminated medications
• Not sufficiently warning of possible negative side effects
• Directions for use are incorrect or insufficient

How a manufacturer was negligent can be determined through an investigation by experts in the field. 

What Legal Rights Might an Adverse Drug Event Victim Have?

If a medicine harmed you due to someone’s negligence, or because a drug company put a defective product on the market, you may have the right to seek compensation under Kentucky law. Compensation in these cases can include:

• Payment for medical bills, including past and reasonably expected future treatment
• Money for lost wages if your injury keeps you from working, or you can only work in positions that pay less
• Compensation for physical pain and suffering
• Compensation for emotional and psychological distress and reduced quality of life

If a medicine harmed you or a family member in Kentucky and you believe negligence or a defective drug product may have played a role, the attorneys at Satterley & Kelley, PLLC are here to help.

Speak With an Experienced Kentucky Personal Injury Lawyer

Satterley & Kelley, PLLC attorneys have decades of experience handling negligence and product liability claims. You can discuss your situation, how Kentucky law may apply, and how we can help with a knowledgeable Louisville attorney. Contact our law offices online or by telephone at 502-589-5600 (toll-free at 855-385-9532).