Columbia, SC Attorney for Injection and IV Injuries
Injections are an important part of healthcare, from vaccinations to drugs that need to be administered intravenously. When you go to the hospital, you often need an IV during procedures. Sometimes injections even go into the IV. But when errors arise, you could suffer injuries.
Injections can cause physical injuries if the provider does things wrong. They are also common sources of infections, which may or may not be cognizable claims. You can also potentially file claims for contaminated drugs or wrong injections. Some of these issues could be the doctor/hospital’s fault or the manufacturer’s fault.
Contact the injection and IV injury lawyers at Burriss Ridgeway Injury Lawyers at (803) 451-4000 for a free review of your potential case.
What Do You Need to Have a Medical Injury Case?
To file a claim in the first place, you need an injury that is someone else’s fault. This usually happens through “negligence,” which has specific elements that have to be met.
In different situations, this might mean filing different types of claims, from medical malpractice to pharmaceutical defect claims.
Elements of Negligence
Most injury claims are based on negligence, which says the defendant is responsible for causing an injury by accident rather than on purpose. This claim has four elements:
- The defendant owed you a legal duty, such as the duty that arises in a doctor-patient relationship.
- The defendant breached that duty.
- That breach caused the injuries.
- You suffered injuries and damages you can seek compensation for in court.
Medical Malpractice and Medical Negligence
In medical malpractice claims – also known as medical negligence claims – you have to prove that the care provider did something wrong. This usually means that the duty they breached was the “standard of care.”
Doctors and other medical professionals must provide care that reaches a certain level of discipline, attention to detail, etc. If they fail to meet that standard, and you get injured because of it, you may have a malpractice claim.
Hospital Negligence
Similarly, hospitals can also cause accidents. These cases do not always involve professional malpractice, but rather mistakes and errors in the physical conditions of the place that make it unsafe.
These claims often arise when infections or diseases spread because of unclean conditions or when physical premises in the building are dangerous enough to cause injuries. Problems with hospital services, like improper storage of drugs in the in-house pharmacy, might also be hospital negligence.
Pharmaceutical Defects
Pharmaceutical companies can be held responsible for negligence that makes its way into their products. Things like improper refrigeration, contaminated batches of medication, or manufacturing errors could cause injuries.
In some of these cases, you do not need to go to the trouble of proving negligence, as “products liability” cases work a bit differently.
Another potential claim here is failure to warn about known side effects or cross-reactions.
Improper Administration
Administering the medication the wrong way – such as giving an intramuscular shot as a subcutaneous shot or even an intravenous shot – would be a medication error.
The question then becomes one of harm. If you did not suffer much harm, and the drug simply absorbed faster with few side effects, there might be no damages to claim. If it caused serious injuries, you could bring a case for more serious harm.
Injecting Air
One serious medical complication of injections occurs when the person administering a shot injects air into the veins. Injecting air into an intramuscular or subcutaneous injection usually is not a problem, but a bubble in an IV or an IV shot can be deadly.
An air injection causes an air embolism, where the air blocks the path and flow of blood. This can potentially require catheterization. If the blockage from the air is serious enough, it can cause a stroke and kill the patient.
Injection Site Issues
Repeat injection into the same site can cause the skin and veins to deteriorate over time. If your care provider knows you will be receiving multiple injections, it might be better to put them into an IV or use a PICC line instead of sticking you repeatedly.
It can take a while for the skin to heal, but this might not always be considered “malpractice.”
Mild pain at the injection site is a typical, expected side effect of injections and usually is not something you can claim damages for. However, severe burning or other disproportionate pain might be signs of a deeper issue.
Infections
Infections can cause a hassle, but they might not lead to actionable legal claims. Unless the medical staff did something wrong to let your injection site get infected, like failing to properly bathe you, they might not be responsible for causing the infection.
Especially with long-term IVs, PICC lines, and ports, the longer it is used, the higher the risk for infection. This is more of a known side-effect than a potential malpractice issue.
However, if you get a serious infection or illness from contamination, it could result in sepsis. Even something like HIV could be transmitted if unclean needles are used, which is very rare in a hospital setting and would be a serious problem.
Wrong Injection or Vaccine
If the care provider switched the drugs they were supposed to give you, that is a medication error. Complications or effects from mixing the wrong medication could result in injuries you should speak with an injection and IV injury lawyer about.
PICC Line and Port Injuries
PICC lines and ports are often used for long-term injection needs rather than sticking you over and over again. These have a high risk of infection, but it might not cause serious injuries if it can be cleaned and replaced properly.
Longer-term needs often indicate using a port over a PICC line, but there may be reasons to select particular options in a given situation.
Can You Sue for Adverse Reactions to Vaccines?
Potentially, but your case might not be against the hospital or doctor. It may actually be better to file against the pharmaceutical manufacturer for adverse reactions they did not warn you about.
Can You Sue for Tainted or Mishandled Vaccines?
Potentially. If this causes the drug to be ineffective, and it fails to prevent illness (e.g., with a vaccine), you may be able to sue for that, but proving you would have avoided the illness if you had an effective vaccine might be difficult.
IF the drug is tainted or contaminated because of refrigeration issues, or something like that, it might cause more serious injuries.
Can You Sue for Contaminated IVs?
If any medical supplies become contaminated or dirty, and the medical staff uses them anyway, they should be responsible for any illness or infection you received because of contaminated materials.
Can You Sue for Side Effects and Adverse Reactions?
Often, adverse reactions and side effects are known, and they are part of the warnings that come with using any drug. These “complications” are unfortunate, but they might not be grounds for a lawsuit.
That being said, if the pharmaceutical manufacturer knew about a potential side effect that they did not warn about, and you experienced that issue, you may be able to sue them for failure to warn. Similarly, if the doctor failed to warn you about the side effects, you might have a claim against them for failing to use informed consent.
Call Our Attorneys for Injection and IV Injuries in Columbus
Call Burriss Ridgeway Injury Lawyers’ injection and IV injury attorneys at (803) 451-4000 for a free case review.
