Over the past three decades, the U.S. population has become increasingly dependent on prescription drug medications to treat a range of medical health issues. A growing issue facing individuals taking medication is the rise in pharmacist errors resulting in severe side effects and injuries. According to recent data, more than one million individuals suffer some type of injury due to medication errors
in the United States.
Our law firm is dedicated to protecting the rights of patients who have suffered severe medical health issues resulting from medication errors in hospitals and pharmacies across the state of California, including Kaiser Permanente treatment centers. If you have any legal questions feel free to contact our law firm. All consultations are free of charge and confidential.
Common Causes of Prescription Drug Mistakes in Pharmacies
- Providing the wrong dosage to a patient
- The worn drug or medication
- Mislabeled warning labels on the medication provided – and failure to provide correct instructions on the taking of the drug
- Providing medication to the wrong person
- Failure to warn of dangerous interactions between medications
Hospital – Pharmacy Liability Laws – Medical Malpractice Lawsuits
In the state of California, medication errors by pharmacists fall under a medical malpractice cause of action. A medical malpractice lawsuit is based on proving that a victim’s injury is caused due to the failure to a medical practitioner, including a pharmacist’s, to abide by the course of action delineated by their profession. In other words is the pharmaceutical profession professes the requirement to cross check each individual prescription that is sent out and the pharmacist fails to do so then liability is established if an when injury results.
Compensation For Your Claim
: Pharmacies including hospital bases pharmacies under the supervision of Kaiser Permanente are liable for injuries and dangerous reactions caused by pharmacy mistakes. Under state personal injury laws victims have a right to compensation for all damages emanating from the negligent acts of others including,
Requirements for a Medical Malpractice Claim
- All medical and hospitalization costs
- Cost of rehabilitation care
- Lost wages and loss of future income
- Pain and suffering
- Punitive damage – possible when an at-fault party displayed a reckless or wanton disregard for health and safety of others.
A medical malpractice lawsuit is like any other personal injury claim in that it requires you to prove four points of negligence. An attorney can help you show these points to be true. Keep in mind that all four of the points must be established; if even one is shown to be false, you will likely not be able to succeed in your lawsuit.
- A doctor/patient relationship must have existed and you must have been owed a duty of care
- The doctor must have breached his duty by acting negligently in some way
- The breach and subsequent accident must have caused injuries
- The injuries must have had some kind of lasting effect or had permanent damage
If your injuries were not severe or if you were not hurt at all, you will not be able to file a claim. Medical malpractice can only be filed if the injuries have some kind of effect on you. For example, if a doctor mistakenly cut another area during an emergency surgery but no effects occurred, you would likely not have a case.
Additionally, a group of medical professionals will testify as to whether or not the doctor in question acted appropriately. Doctors are usually under a lot of stress and may not always be thinking clearly n the heat of the moment during a surgery, which may give them a bit of leeway. However, if the professionals agree that they would not have acted the way the doctor did, then you would have more evidence for your claim.
Statute of Limitations for Medical Malpractice Claims
In California, medical malpractice claims have a statute of limitations of 1 year from the date of the discovery of the injury or 3 years from the date of the injury itself, whichever came first. If you were hurt and found out about the injury, you have 1 year, but there are times when that is not applicable. If you did not discover the injury within a year, then you have 3 years to file the claim; this may have happened if the injuries were internal.
An exception to the statute of limitations that is specific to medical malpractice lies in the presence of any foreign objects found in the body. If a surgeon left something inside of you, such as a sponge, a screw, or a bandage, there is no statute of limitations that you must adhere to.
Other ways that the statute of limitations can be tolled, or suspended, include being underage, being mentally or physically unable to file a claim, and not being able to locate the doctor if he left the state. In all these cases, the statute would resume when conditions return to normal – when you turned 18, became healthy again, and when the doctor came back to the state, respectively.
How DTLA Helps
Downtown LA Law Group is one of the of the most highly accredited law firms in the City of Los Angeles. Our lawyers have decades of collective experience and have been handling medical malpractice and other negligence claims for years. We constantly expand our base of knowledge and our skill sets, and we willingly take on cases that other firms have deemed difficult. We dedicate ourselves to recovering the maximum compensation for our clients, and we have tried and true methods for success Our victories speak for themselves. If you are in need of an aggressive team of attorneys who is willing to fight for your rights in court, you have come to the right place.
Call our attorneys today to set up a free legal consultation concerning your Kaiser Permanente injury lawsuit. We’ll help you through the legal process and will give you any legal advice you need. Our consultations are completely confidential; you won’t have to worry about anything personal or private being shared elsewhere.
If you hire us, we’ll give you our zero fee guarantee. This protects your savings throughout the case – you won’t pay any out of pocket expenses for our services, and we will only get paid if we win. The fees will be taken out of the settlement we win for you. If we lose, you owe us nothing whatsoever, and you can walk away debt free to our firm.
Our lawyers at Downtown LA Law Group can help you with your Kaiser medical malpractice lawsuit. Contact our firm today for more assistance.
Medical Malpractice Lawsuits Against Kaiser
Guideline for Preventing Medication