April 2021

Hospitals, medical practitioners, and pharmaceutical companies can be responsible if you sustain injuries due to medical malpractice; thus, you are entitled to compensation.

Here is all you need to understand about medical malpractice lawsuits.

What are the possible prescription drug errors?

There are several prescription drug errors you can encounter, such as :

•         Wrong medication or dosage

The physicians and nurses are responsible for giving proper medication depending on your condition. They can, however, fail to provide the proper medication due to various reasons like wrong documentation and recording.

Wrong administration of the drug is another concern. For example, a drug that is to be injected into the muscle will affect the body when injected into the bloodstream.

A physician can also be held liable for wrong spelling and lousy handwriting, leading to the wrong prescription.

•         Prescribing harmful medication

It’s the pharmacist’s role to prescribe you error-free drugs. They should understand your allergies and establish whether you are taking other drugs.

The pharmacist is liable if they fail to establish facts and prescribe harmful medication.

•         Lack of warning for side effects

Various drugs come with side effects which the physician must inform you about. The nurse should advise on the side effects and proper eating habits when taking the given medication.

•         Mislabeling medication

Mislabeling medication can cause wrong medication or dosage. The pharmacist must ensure correct labeling before handing you the medication.

•         Administering medication to the wrong person

A pharmacist error can lead to a patient receiving medication that was meant for someone else.

Who is Liable for Medication Errors Injuries?

The liable party in case of an injury resulting from medication errors varies depending on the circumstances. The possible liable parties include;

•         Nurses and other medical workers

The nurses and other medical workers are responsible for proper dosage and correct administration. They are liable for wrong medication and dosage resulting from their failure.

•         Prescribing doctor

A doctor is responsible for the resulting injuries if they prescribe the wrong medication or dosage. The doctor is also liable if they misspell the drug or use bad handwriting leading to wrong medication.

•         Pharmacists

A pharmacist is liable if they give you the wrong dosage and wrong labelled medication.

•         Pharmaceutical companies

Drug companies are responsible for the drug effects. The companies are liable whether they intentionally or accidentally fail to point out the possible side effects. For example, the Xeljanz lawsuit implicates Pfizer, a drug manufacturing company, for defects on the arthritis drug.

•         Medical institutions

The medical institution is liable for your injuries if its actions contributed to the medical malpractice. One of the possible cases is when the hospital hires unqualified staff or overworks staff. Failure to provide the necessary medical equipment is another failure for the medical institution.

What to do in case of medical malpractice?

Once you establish medical malpractice, the next step is to file a medical malpractice lawsuit. Contact a personal injury lawyer to help you ascertain that the mistakes warrant legal action.

You will then sue for;

•         Breach of duty – a healthcare provider is in breach of duty if they fail to perform to the required standards leading to the injury. The healthcare provider must establish your medication history and allergies.
•         Duty of care – a patient and a medical practitioner have a contractual relationship for the best standards of care. Medical malpractice is a breach of the agreement.
•         Causation – you have to prove your injuries are a result of the medical practitioner’s negligence.
•         Damages – demonstrate that the medical malpractice caused you emotional and economic damage. Long-lasting physical injuries allow you non-economic compensation claims.

Conclusion

Sustaining injuries due to medical malpractice can lead to lifelong misery. You can, however, work with a personal injury lawyer to get compensation for damages and other expenses. 

When you’re facing any kind of criminal charges, you’ll undoubtedly need the assistance of an experienced criminal defense lawyer!

When an individual is facing a criminal charge, there’s no doubt about it that they need to be as prepared as possible by the time their court date arrives. A lot of defendants that represent themselves will lose their case due to a lack of awareness when it comes to certain court procedures, legal technicalities and the overall development of their case. But this is where criminal defense law firms like Summit Defense come in to make things much easier on people facing criminal charges, and it’s important for everyone to realize just how crucial of an investment it is when you hire expert legal representation.

Representing yourself in court simply is a disaster waiting to happen no matter what you’ve been charged with; and your attorney will be more than capable of efficiently deciphering the best course of legal action within your unique scenario, and utilize the best arguments/factors that will support your efforts in being acquitted or removing the charges against you.

Below are some of the many reasons why you really need to seek legal assistance from an experienced criminal defense lawyer:

1.Your Criminal Defense Lawyer Has A Thorough Understanding Of The Legal System

It’s first and foremost necessary to recognize that your defense attorney will have an incredible amount of knowledge when it comes to the judicial system, and that the lawyer’s expertise will far exceed your own. There’s no doubt about it that the legal system is extremely complex, so you’re going to need a professional who understands the intricate workings within court systems in order to obtain a favorable outcome.

2. Properly Following Court Proceedings

It’s important to realize that your defense lawyer’s job starts way before you enter a courtroom, because there’s always going to be a tremendous amount of paperwork involved when properly establishing and processing your defense through necessary legal documents.

There are countless legal hurdles that a prosecutor will potentially utilize as leverage against you when you’re facing criminal charges, so having an experienced defense attorney in your corner will help you better ensure that you’re following court procedures and putting your case in a better position for a potential plea bargain or acquittal.

3. Criminal Defense Lawyers Have Working Relationships With Prosecutors

One of the most important benefits of hiring a criminal defense lawyer is the simple fact that they’ve inevitably developed long-lasting relationships with prosecutors throughout their years in the legal field. It’s actually an important aspect of being a defense attorney to develop working relationships with their counterparts, and this is mainly because both prosecutors and defense lawyers understand that their jobs will be much easier when they work together within many unique scenarios.

The relationship between your attorney and local prosecutors will undoubtedly go a long way towards your most favorable outcome, including the potential for a better plea deal or more affordable bond amount. Your defense lawyer will be your spokesperson within these negotiations, and some familiarity and cordiality will be essential when trying to neutralize rather heated circumstances.

Your attorney’s working relationships also apply to judges, because it’s likely that they’ll know the best strategies to utilize with particular judges.

4. Providing You With A More Comprehensive Examination Of Your Case’s Evidence

It’s important to realize that the prosecutors reviewing your criminal charges will have plenty of experts at their disposal if they need credible assistance in reviewing and analyzing your case’s evidence, which is why you’ll undoubtedly need a legal expert to support you. Experienced criminal defense lawyers will have an acute eye when it comes to catching illegally collected evidence that would tamper the integrity of a prosecutor’s case, and they’ll also know exactly how to handle expert testimonies that tend to exaggerate or stretch the truth.

A comprehensive examination of the evidence and prosecutor’s witnesses will always be needed to back your defense up, and you can also always benefit from a defense firm’s connections throughout a whole variety of relevant industries. The connections that your attorney has will surely bolster the strength of your evidence as a defendant.

5. Reaping The Benefits Of Expert Legal Advice

Every experienced defense attorney will understand the parameters permeating within your case and know how to deal with your charges, and the very best defense lawyers will very efficiently be able to advise you towards your best course for legal action. Your attorney will know how to make the most out of the law and what it provides within the confides of your best interests, and they’ll also thoroughly understand the intricacies of the law and the legal system.

Your attorney will also be capable of collecting the evidence that’s needed to disprove wrong allegations, and also identify any weaknesses with your case that will need to be supported or hidden.

6. Properly Protecting Your Future

There’s no denying that your life’s entire future is on the line when you’re facing criminal charges, and the potential for dramatic changes in your life if you’re found guilty is something that you must fight against at all costs. There are countless consequences besides time in prison associated with a failure to properly defend yourself, and having a criminal defense specialist on your side will put you in the best position to keep your criminal record clean.

You’ll of course need to keep your unique circumstances in mind, but your attorney will almost always be capable of reducing charges, having your potential penalties lessened, or even having your case completely dismissed.

So when you hire a criminal defense lawyer, you’re also subsequently putting your future in good hands.

7. Helping You Consider Your Best Settlement Options

Having a legal expert assist you in weighing out your best plea deal options is always a huge benefit of hiring legal representation, and your attorney will always support you in helping you understand what your best options are.

But more importantly, they’ll be your go-to spokesperson during the negotiation process with prosecutors. Knowing the consequences of either taking a deal or going to trial can be a lot easier said than done, and your lawyer will help you better understand the pros and cons of each option.

Always Be Sure To Speak With A Criminal Defense Lawyer When You’re Facing Charges

It’s never a good situation to be facing criminal charges of any kind, but defending yourself will only make matters much worse. So be sure to reach out legal specialists in your local area and obtain a free consultation to better understand who is the right person for your case.

A car accident can range from a minor fender-bender to one that leaves you in pain and without a vehicle. Not only has your life been interrupted from its routine, but now you are hurt and need to get treatment. Then this happens: You attempt to schedule an appointment with a doctor only to be told they don’t accept or treat victims of car accidents. Some people are even rejected by their primary care physician, while others are rejected by the very doctors they were referred to after being treated in the emergency room. In our experience, we have seen injured individuals make the appointment, arrive to complete all the appropriate paperwork, be seated in a patient exam room to give their history to the medical assistant or office nurse only to literally be walked-out of the physician’s office and told they don’t treat victims of car accidents. Wasted time, wasted energy, and you are still suffering.

It happens more than most people realize, but doctors everywhere are exercising their right to refuse service to victims of car accidents. Suggested reasoning ranges from delayed or denied reimbursement for services to the physician’s potential to testify on behalf of their patient as to the extent of injuries, expected course of treatment, and causal relation between the wreck and injuries. Health insurance companies are generally bound to cover the patient’s medical expenses. They have a sophisticated department or subcontractor that tracks the patient’s third-party liability claim for reimbursement out of the recovery from the negligent or liability insurance company.  Additionally, 95% of cases settle before trial.  Thus, the suggested reasoning does not appear to justify the zero-tolerance against treating car accident victims with personal injuries.  In the few instances when there have been issues of delay or denial, we worked with our clients, their health insurance company, and the provider to smooth out the process of correcting the delay or denial.

Unfortunately, no databank exists that would allow patients to tap into that would provide a list of doctors who are willing to treat victims of car accidents. Alternatively, there is no similar list of those doctors who refuse to treat such victims.

You are left at square one, still hurting and perhaps still without transportation. If you or a loved one finds yourself the victim of a car accident, speaking to a car accident attorney can be very useful and informative. The attorneys at The Law Offices of Reynolds & Reynolds, PLLC provide excellent and caring personal injury representation and are available to speak with you about your accident and injuries today.