Do You Need a Lawyer to Seek a Legal Claim?

No, you are not mandated by law to retain a lawyer to file a prescription drug error claim. However, taking on the insurance company and the other party’s attorney might be too challenging to handle alone. Furthermore, hiring a lawyer can improve the likelihood of obtaining a more substantial settlement.

What Damages Can You Receive?

You may be able to recover financial compensation for the negligence you or a family member have experienced. Healthcare providers have a standard they must uphold, including keeping patients safe. Failure to do so is not only unethical but potentially hazardous. Possible losses you may incur include the following:

Medical Expenses

Ambulance trips, emergency department admissions, and hospital stays are typically recoverable medical expenses. In addition, therapies, new medication, X-rays, lab work, MRIs, CT scans, and more could qualify you for compensation. Home medical equipment, such as walkers, wheelchairs, etc., and outpatient treatments may also be included.

Using one of our attorneys for a prescription drug error case may help ensure you recover the costs and expenses you are entitled to as a result of carelessness or medical malpractice.

Pain and Suffering

The prescription drug error you experienced might have had an adverse physical impact on your brain or body. For example, you could have taken a medication that compromised your heart or resulted in temporary vision loss. Fortunately, you can seek recovery for these damages. Our attorneys can evaluate your situation and determine how much you can be reimbursed for pain and suffering.

Emotional Distress

A prescription drug error could have left you suffering from psychological trauma such as depression, anxiety, or distrust of others who are legitimately attempting to help you. If you have lost interest or cannot engage in hobbies you once enjoyed, this would also qualify for pain and suffering compensation. Finally, changes in romantic relationships, including a spouse, can be grounds for monetary reimbursement.

Wrongful Death

If you have lost a close family member due to a prescription drug error, a wrongful death award may cover funeral and burial expenses, reimbursement for your loved one’s pain, medical expenses before their passing, and loss of income or inheritance. We can fight for justice on your family’s behalf and may be able to secure an award to help your family through this challenging time.

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Establishing a Prescription Drug Error Claim Based on Negligence

According to the Centers for Disease Control and Prevention (CDC), 48.9 percent of patients have used at least one prescription drug in the past 30 days. The CDC also reports that 76.2 percent of patients visiting a physician’s office leave with prescription medication or drug therapy.

Prescription drugs are often assumed to provide an intended effect if prescribed by a medical professional. However, these normally helpful drugs can be harmful in certain situations and even put an individual’s well-being at risk. You can speak with a Lafayette personal injury lawyer to help you pursue compensation.

When a physician or other healthcare professional acts negligently and a patient is injured because of an erroneous prescription, they may need to enlist the assistance of a Lafayette prescription drug errors lawyer to establish liability and effectively pursue their case.

When it comes to medical malpractice or negligence involving prescription drugs, Louisiana Revised Statutes §9:2794 states the victim must prove by presenting a preponderance of evidence that the defendant health care provider did indeed commit malpractice. Basing such a claim on negligence necessitates proving at least one of a variety of factors that exceed simple miscommunication. Some examples include but are not limited to:

  • Providing the patient with the wrong dosage
  • Failing to warn the patient of all risks associated with the medication
  • Mixing dangerous prescription drugs
  • Providing the patient with medication that is not appropriate for their condition
  • Failing to communicate with providers and/or the patient
  • Failing to assess a patient’s medical history

Role of Medical Standard of Care in a Drug Errors Case

Healthcare providers in Lafayette must provide medical treatment above the accepted medical standard of care at all times. However, a mistake in prescribing drugs does not automatically qualify as grounds for a lawsuit, as not all such mistakes qualify as violations of this standard.

A prescription drug error that does fall short of the medical standard of care and harms an individual in the process may, in fact, prove to be malpractice. A prescription drug errors lawyer in Lafayette could determine whether a doctor or pharmacist breached their duty of care by determining whether an ordinary, prudent health care professional with similar training would have prescribed the same medication under similar circumstances.

For more information about the standard of care and how it applies to medical malpractice cases, individuals should get in touch with a Lafayette prescription drug errors attorney.

How Our Legal Team Can Help

You may be familiar with the Hippocratic oath that healthcare providers are required to uphold. Your lawyer may be able to demonstrate that a doctor or other medical professional failed to meet this standard of behavior.

Our legal team will customize our services to meet you and your family’s needs. We could assist you by doing the following:

  • Completing relevant paperwork
  • Adhering to the statute of limitations
  • Determining the financial value of your case
  • Arranging for a fair award
  • Making your case in court, if applicable
  • Answering questions and addressing concerns
  • Updating you of progress throughout the case
  • Protecting your rights

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Lafayette

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New Orleans

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Lafayette

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New Orleans

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Car Accident

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Baton Rouge

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Alexandria

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Lake Charles

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New Orleans

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Baton Rouge

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Speaking With a Lafayette Prescription Drug Errors Attorney

The ill effects of negligence in prescribing drugs can cause serious harm and leave victims fraught with fear, confusion, and helplessness. Personal injuries and unexpected financial woes resulting from such a miscue can dramatically alter your and your family’s way of life.

To learn how a Lafayette prescription drug errors attorney could provide you with legal insight and help you pursue compensation in response to a doctor’s mistake, call now to schedule an initial consultation.

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