Pharmacies commonly dispense medication incorrectly. This can occur when they dispense wrong quantities or even the wrong type of medication. These problems become even greater when you deal with victims who are pregnant or have a pre-existing medical condition. In certain cases unsuspecting victims can suffer significant injuries when they are accidentally given the wrong medication. In fact medication errors
continue to be a problem in the U.S., which result in multiple fatalities and other injuries each year.
Liability for Injuries – Who Can be Held At Fault for Pharmacy Drug Errors
Who is at fault for a medication error? In such cases you are permitted to file a lawsuit against pharmacy for the injuries you have sustained. Even for psychological harm and or physical injuries you are permitted to file a lawsuit for injuries. If you were given a incorrect medication here are steps you should take immediately.
- Immediately file a claim with the pharmacy;
- Get medical attention if needed. Do not attempt to self diagnose;
- Seek legal assistance if warranted for your injuries.
- Make sure to not make any statements regarding liability to the insurance company as this can be used to deny your case.
In many cases you will only have a limited amount of time to file a lawsuit for your injuries. In California you must file suit within 1 year from the date of the injury. There are certain exceptions for minors which can be applied, which will toll the statute. If you have been injured make sure to speak with an attorney about your rights.
Long Term Medical Health Implications of Medication Errors
In certain cases it is not easy to foresee the long term complications of the medication error. It is important to factor in potential long term injuries into your settlement. These types of injuries may not manifest immediately and can take weeks or months to develop. In such cases you will need expert evaluation in order to fully understand the extent of the injuries.
Long term injuries can include heart failure, organ failure, liver damage and or brain injuries. Many long term injuries will depend on two factors. First, the condition of the plaintiff and the need for the medication. Second, it will depend on the length and time the plaintiff was ingested the medication before being notified. Additionally, it is important to remember that long term injuries do not necessarily appear immediately and can take a while. Therefore immediate settlement is not always advisable.
Side Effects of Medication Errors to Pregnant Women and Unborn Children
Incorrect medication can cause injuries to an unborn fetus. In such cases even the most advanced scans will not be able to properly identify any cognition issues. However, insurance companies will often attempt to settle these matters immediately. Often times they will not provide any type of compensation for these types of injuries and will argue that they are “phantom injuries”.
However, you are permitted to recover for any potential damages suffered to your child. It is advisable to wait in order to determine the cognitive health of the child before any type of settlement is considered.
Psychological Injuries – Compensation for Mental Trauma – PTSD
Another component of your claim is psychological injuries. For example if you are pregnant at the time, the fear of potentially harming your child from improper medication ingestion can be significant. Generally the psychological component of your injuries depends on a number of different variable. In order to recover for any type of psychological harm including PTSD
it is important that it be documented. This will include speaking with a professional psychologist and getting a proper evaluation. It is also advisable that you keep a daily journal for your experience, which will help you in the coping process and in the settlement process.
Value of a Prescription Drug Pharmacy Errors Case – Case Value
Determining the value of your case can depend on a number of different factors. Depending on the nature of the case, the value can be different. Value can also be determined by identifying the type of drug prescribed to the victim and its impact. For example if a blood thinning prescription was prescribed to someone who has low blood pressure or other physical ailments, the value can be significant. Or if the incorrect drug is prescribed to a cancer survivor, it can have a different impact. Each of these factors are used to identify the potential value of the case.
: If you have been given an incorrect prescription you are entitled to recovery for your injuries. Contact a prescription error attorney at Downtown L.A. Law Group for a free case evaluation.
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