Articles Posted in Medical Negligence

Pharmacists are medical professionals who, like doctors and nurses, owe patients a duty to provide an acceptable level of medical care. While medical professionals are not expected to be error-proof in their judgment, it is expected that they do not make careless mistakes, which can have a significant impact on a patient’s life. When a pharmacist incorrectly fills a prescription, and a patient is harmed as a result, the injured patient may be able to pursue a New Hampshire medical malpractice case against the pharmacist, as well as the pharmacy that employs them.

Recently, a New Hampshire man filed a claim against a hospital pharmacy that he claims was responsible for his ongoing kidney stones. According to a local news report, the man had a procedure to remove kidney stones at Concord Hospital Center. After the hospital discharged the patient, he was issued a prescription for “Potassium Citrate ER 10 MEQ (1080mg) CR-TABS” with instructions to take two of the pills per day.

The hospital printed out the prescription, and the patient took it to a satellite location. Despite being provided with the correct prescription, the pharmacist on duty filled the patient’s prescription with “Potassium CL 10 MEQ 120.” It is disputed as to how the prescription was transferred, but the patient claims the hospital pharmacy called in the prescription to a local Rite-Aid. The hospital pharmacy admits that it incorrectly filled the prescription, but denies that it transferred the prescription to the Rite-Aid pharmacy. Regardless, the prescription ended up at a Rite-Aid, which filled the prescription seven times.

Medical errors are currently the third leading cause of death in the United States, with some estimating over 250,000 people die as a result of preventable medical mistakes. When someone is injured or killed as a result of a medical professional’s negligence, they can pursue a New Hampshire medical malpractice claim against the responsible parties. Medical malpractice claims are very similar to other New Hampshire personal injury claims. However, there are additional requirements that must be followed; otherwise, a plaintiff runs the risk of losing their right to file a claim and recover for their injuries or loss.

Perhaps the most important place to start when discussing the procedural requirements of a medical malpractice case is how long a plaintiff has to file their lawsuit. Medical malpractice timing requirements are outlined in the various statutes of limitations. Typically, a plaintiff must file a medical malpractice claim within three years from the date of the occurrence giving rise to the claim.

In some cases, a plaintiff may not know about their injuries until a later date. For example, if a doctor misdiagnoses a plaintiff’s illness, the plaintiff would not immediately know of the doctor’s mistake. In these cases, a plaintiff can bring the claim within three years from the date they discover that they may have a claim, or three years from the date that such discovery should have been made with the exercise of reasonable diligence. Note that minor children whose claim arose before their 18th birthday have until they turn 20 to file a claim.

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