Pain Killer Prescription Error Lawsuit – Medical Malpractice Attorney
It is a very common practice for a doctor to prescribe painkillers or some medication after an accident or after surgery. There are often clear instructions on the pill bottle that should be adhered to. However, doctors can make errors in the type of prescription, the amount of the dosage, the number of pills, and more. If a doctor makes such an error and the user suffers injuries or addiction due to the pain killers, he can be held legally responsible for the ensuing financial burdens and expenses. Our team of attorneys at the Downtown LA Law Group will gladly work to file a medical malpractice claim against the responsible doctor and ensure that you receive every penny you deserve.
Forms of Painkiller Injuries and Issues
Doctors often prescribe pain killers after accidents, surgeries, diseases, and other complications. However, the doctor may not know that the patient has an allergy, or he did not double check with any charts. Taking these drugs can cause adverse reactions in patients, like ulcers, stomach problems, vomiting, and even overdoses.
If a doctor over-prescribes medication, the victim can become dependent on it, eventually forming a physical addiction. This is a huge problem for a number of reasons – for one, the victim cannot readily acquire more drugs without a doctor’s prescription, and two, the physical effects and withdrawals can be extremely severe. If a doctor inadvertently causes a victim or patient to get addicted to painkillers, he should be held properly accountable and be made to cover the ensuing expenses.
Pain killers can cause mental impairment and cognitive problems if taken in excess. This long-term damage is often ignored, and it is crucial that prescribing doctors be held liable for their role in these scenarios.
In the worst cases, victims can overdose because the doctor prescribed the wrong painkiller or too much of it. Some painkillers are extremely potent, like fentanyl and hydrocodone, and have higher rates of overdose than other drugs do. Other doctors may prescribe numerous painkillers of varying dosages; if a victim mixes up the dosage, he could be seriously injured in an overdose.
Defective Medical Device
Defective Medical Device
Suing a Doctor for Painkiller Injuries
All medical malpractice lawsuits require that you show that the doctor was negligent in some way. This is a similar procedure to normal personal injury claims, but with small variations. You must show the following:
There was a doctor/patient relationship established between the two
The doctor acted in such a way that other medical professionals would not act
The breach of duty from his actions led to an incident or accident
The incident resulted in actual harmful physical injuries
Therefore, other medical professionals are required to testify whether or not they would have done the same thing under the same or similar circumstances. If your doctor is the outlier, he is one step closer to being sued. You must show that the result of the pain killer addiction or wrongful prescription had noticeably negative results, as well.
We recommend following these steps to sue a doctor for pain killer injuries:
First, get medical help from another medical center. You should not go to the same doctor you plan to sue. However, you should print out all previous receipts and keep all previous prescriptions, as well as any new information you acquire, test results you’re given, and more. It is wise to go to the new doctor as quickly as possible; the longer you wait, the more likely it is that your health will worsen and your claim will suffer.
You should have photos of any injuries you suffered and proof of the damages. For instance, if pain killers caused an ulcer, you will need proof that you were hurt in such a way.
There may have been eyewitnesses or other people who can attest that the injuries happened due to the pain killers. You can add their testimonies to the claim. If enough individuals were injured by a drug, you could join a class action lawsuit against the pharmaceutical company; these types of claims have resulted in hundreds of millions of dollars of restitution going to victims, but each party receives a smaller sum compared to the amount they would take home if they filed a claim by themselves. However, a class action claim is slightly easier to win due to the abundance of evidence from the numerous plaintiffs.
Once you have these forms of evidence, you should look for a lawyer experienced in prescription pain killer injury lawsuits. If you attempt to handle the claim by yourself, you may almost certainly not get what you deserve. The insurance agent will take advantage of you or will outright deny your claim. You may not have the legal experience, funds, knowledge, or time to negotiate your claim. Our attorneys will handle every aspect of the lawsuit and will secure you the maximum settlement available under the law while you focus on recovering and returning to a normal life.
Restitution from a Lawsuit against a Doctor for Pain Killer Injuries
The compensation you can receive from a lawsuit against a doctor or hospital can be quite high. The trouble is that there are certain limitations placed on medical malpractice claims that are not present on other personal injury lawsuits. The most relevant concerns pain and suffering damages. These are usually the damages that result in the highest payments, but in medical malpractice claims, the amount a victim can receive cannot exceed $250,000. No other damages are capped, however.
The value of your claim will be determined by a number of factors. The injuries you suffered and the impact the injuries had on your life and career are both key factors, but so is the responsibility you ad in the incident, the level of negligence of the doctor, your age, your career type, and more. The insurance agent handling the claim will examine each factor and come to a decision. Many times, the insurance agent simply makes a small offer and hopes that you accept it. Our attorneys will fight to ensure that you are given a fair settlement.
We will strive to secure you the following:
Medical bills and expenses for ensuing treatments, rehabilitation, hospital stays, and any future procedures
Property damage if you needed certain items replaced
Lost income if you were unable to return to work for a period of time, whether in the past or future, because of the addiction or medical treatments
Pain and suffering damages to account for mental trauma, psychological anguish, fear, PTSD, anxiety, and more
It is also possible to secure wrongful death damages if a loved one or family member died due to the wrongful prescription. We will pursue funeral and burial fees, pre-death medical bills and pain and suffering, loss of consortium and relations, loss of income and inheritance, and more.
Additionally, you may be able to secure punitive damages for your lawsuit. Punitive damages are additional forms of monetary compensation that are meant to punish the defendant. These are hard to acquire, though, as they are routinely viewed as excessive, and only a skilled lawyer will be able to acquire them for your case.
Statute of Limitations to File a Claim against a Negligent Doctor
In California, the statute of limitations for medical malpractice lawsuits is either 1 year from the date of the injury or 3 years from the injury itself, whichever comes first. These statutes of limitations can be confusing to those who have never had to file a claim before, and if you do not act quickly, you may not be able to receive the compensation you deserve. We recommend reaching out to a medical malpractice or painkiller addiction lawyer who can help you. We’ll tell you how much time remains on your claim and will file your lawsuit within the deadline.
There are a few ways the statute of limitations can be extended beyond the deadline. For one, if the victim is a minor, he cannot legally sue until he turns 18 years old, so the statute can be suspended until then, unless a guardian sues on his or her behalf. Further, the victim may be left incapacitated, whether physically or mentally, which would disqualify them from suing. Once they return to normalcy or functionality, they can file a claim. Moreover, the defendant must be present in the state; if he is not, the lawsuit cannot be filed, and the statute will be suspended until he returns.
How We Help Victims
The Downtown LA Law Group is one of the premier law firms in Los Angeles. We have ample experience in medical malpractice lawsuits and our success stories speak for themselves. Our aggressive lawyers will always pursue the maximum damages from responsible party, and we do not quit; we are willing to take your case to court to defend your rights in front of a judge and jury if need be. We treat all of our clients like family and will send you to the best medical centers or rehab facilities around to help you get back on track.
To set up a free legal consultation, contact our law firm today. We will make sure all your private details and information are kept totally confidential. We will tell you what we think your claim is worth, and if you have any specific questions, we will answer them. We are more than happy to address your concerns. If you hire us for legal representation, we will ensure you pay nothing thanks to our zero fee guarantee. We get nothing unless and until we win, and the money comes from the settlement we win for you. If we lose, we take nothing at all. No matter what, your personal finances are never touched.
For the best legal help in town regarding pain killer injury lawsuits, contact the Downtown LA Law Group today.