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Being given the wrong medication in a hospital can leave you confused, frightened, and seriously injured. It can also leave your family asking a direct question: can you sue the hospital?
In Tennessee, the answer depends on what happened, why it happened, and what harm the medication error caused. Not every mistake leads to a lawsuit, but when a hospital medication error causes serious injury, disability, additional treatment, or death, the patient or family may have a valid health care liability claim.
Recent reporting about the Ascension Saint Thomas Midtown medication error in Nashville has brought renewed attention to this issue. According to public reports, four surgical patients received the wrong medication after a pharmacy error. That incident is still being investigated, but it illustrates a broader truth: medication safety is one of the most important responsibilities a hospital has.
A wrong-medication hospital lawsuit may be possible when the evidence shows that a health care provider failed to meet the accepted standard of care and that failure caused injury.
Examples of such situations include:
The key issue is not simply whether something went wrong. The legal question is whether the error was preventable under the circumstances and whether it caused measurable harm.
A Tennessee medication-error claim usually requires proof of three main points.
First, the patient must show the applicable standard of care. This means what a reasonably careful hospital, pharmacist, nurse, doctor, or other health care provider should have done under similar circumstances.
Second, the patient must show that the standard of care was breached. In a wrong-medication case, this may involve failures in ordering, preparing, labeling, dispensing, administering, or monitoring medication.
Third, the patient must show causation and damages. In other words, the error must have caused harm, such as a new injury, worsened condition, extended hospitalization, additional procedures, disability, pain and suffering, lost income, or death.
Potentially responsible parties may include the hospital, pharmacy staff, nurses, physicians, anesthesiology providers, or other medical professionals involved in the patient’s care.
In some cases, the hospital may be responsible for its employees’ conduct. In other cases, the claim may also involve independent contractors, outside providers, or multiple entities. The answer depends on employment relationships, hospital policies, who controlled the medication process, and who had responsibility for patient safety at each stage.
This is one reason medication-error cases require a careful investigation. A patient may know that the wrong medication was given, but not know who ordered it, who prepared it, who checked it, who administered it, or who failed to respond when symptoms appeared.
Important evidence may include:
Patients and families should request their medical records as soon as possible. They should also save discharge instructions, billing records, written hospital communications, and any notes about conversations with doctors, nurses, or hospital administrators.
Tennessee health care liability actions are subject to strict deadlines. In general, the statute of limitations is one year. Tennessee also requires pre-suit notice before many health care liability lawsuits, and a certificate of good faith may be required when expert testimony is necessary.
These rules can affect how and when a lawsuit may be filed. Waiting too long can put the claim at risk, even when the underlying injury is serious.
Depending on the facts, a patient may be able to pursue compensation for:
The value of a claim depends on the severity of the injury, the medical proof, the long-term consequences, and the strength of the liability evidence.
If you or a loved one was given the wrong medication in a Tennessee hospital, you do not have to sort through the records alone. Shea Callahan can review what happened, identify the evidence that matters, and explain whether you may have a hospital medication-error claim.
As a medical malpractice lawyer with over a decade of surgical experience under his belt, Shea is uniquely placed to assess your claim for compensation after a hospital medication error.
Call (931) 203-1886 today to secure a free consultation to go over your case with someone who can help you find both justice and the financial compensation you deserve.
The lawyers at Callahan & Binkley provide the highest quality legal representation available throughout Tennessee - Call Us Now - (931) 203-1886
