WHEN TO CALL A DRUG INJURY LAWYER
If you’ve been taking a medication that has made you ill or worsened your condition, you are well within your rights to explore your legal options to receive compensation for the costs of your condition. At Terry Bryant Accident & Injury Law, we are here to help injured and ill people get the compensation they deserve.
It’s unfortunate that the medications we turn to when seriously ill can also make us sick. When this happens, it usually means that someone made a mistake. The at-fault party might be a…
- Drug manufacturer.
You don’t need to know exactly who was responsible for your suffering. We will investigate your case to find out how the mistake happened, and then we’ll fight to hold them accountable.
Contact the Houston prescription drug injury attorneys at Terry Bryant Accident & Injury Law to learn more about how we can help. We offer free consultations, and you will not be pressured to move forward with a legal claim if you don’t wish to do so.
Give us a call or fill out our online contact form to get started.
PRESCRIPTION ERRORS: SOMEONE DIDN’T DO THEIR JOB PROPERLY
Administering (or filling) the wrong medication occurs when the patient’s doctor prescribes the right drug, but the pharmacist or a pharmacy technician fills it with the wrong medication. Reasons for this occurrence include:
- Labeling errors
- Improper abbreviations
- Poor penmanship
- Negligent pharmacy policies focused on speed and prescription volume over patient safety.
Dispensing the wrong dosage finds the patient’s doctor prescribing the correct medication and dosage, but the pharmacist or pharmacy tech transcribing the wrong dosage. This often happens when the transcriber rushes through this portion of their job and doesn’t check their work.
Other causes of pharmacy errors – which can also occur in a hospital – include:
- Confusing drugs that look alike or have similar sounding names
- Miscommunication between pharmacist and physician
- Pharmacist or doctor failing to protect against harmful drug interactions or identify drug allergies
- Failure of a pharmacist to provide adequate counseling.
HOW DRUG INJURIES CAUSE PEOPLE HARM
In theory, drugs are prescribed only to patients who need them. In practice, doctors often prescribe medications when they shouldn’t. The trend of overprescribing is talked about a lot in the news and in medical journals. Many in the medical community believe that the opioid epidemic was at least partially caused by overprescribing. Doctors are also widely criticized for prescribing antibiotics when they aren’t needed. Some studies suggest that doctors practicing telemedicine prescribe antibiotics to children at higher rates than doctors practicing in a traditional setting.
Estimates suggest that every year doctors write 10 outpatient prescriptions for each American. That’s approximately 2.8 billion annual outpatient prescriptions.
The Wrong Drug or Dose
Whether in an outpatient clinic or in a hospital setting, doctors and nurses might prescribe or administer the wrong drug or the wrong dose of a drug. Such errors can be disastrous for patients who are already suffering from a medical condition. When there is an error in the administration or prescription of the drug, a drug injury attorney will often look at the doctors, pharmacists, and nurses involved in the ordering and filling of a prescription or the administration of a drug to find out who made the mistake.
Defective Drugs or Improper Labeling
If a drug contains dangerous substances or is labeled in a misleading way, consumers of drugs are the ones who pay the price for a drug manufacturer’s mistakes. These types of injuries happen often, and many patients don’t realize that they can hold a drug manufacturer accountable through a product liability claim. If you suspect a defective drug might responsible for your condition, we encourage you to contact our Houston drug injury attorneys today.
DAMAGES YOU CAN SEEK IN A DRUG INJURY LEGAL CLAIM
If you’ve suffered a drug-related injury or illness, you can file a legal claim to get compensation for the costs associated with your injury or illness. The many different forms of compensation you will seek in a claim are referred to as damages. Damages can include…
- Costs of medical treatment and ongoing care
- Costs of additional medications required to treat your condition
- Lost income due to time missed at work or reduced work capacity
- Physical and emotional pain and suffering.
At Terry Bryant Accident & Injury Law, we will work with you to determine how much you should demand in a claim. We will then get to work on your case to make sure the responsible parties pay you for the costs of their negligence.
DRUG INJURIES ARE A MAJOR PROBLEM IN THE U.S.
Medication (pharmacy) errors harm an estimated 1.5 million people every year and cost at least $3.5 billion annually, according to the National Center for Biotechnology Information. The Center also says that preventable medication errors (not all of which harm people, fortunately) impact more than 7 million patients and cost almost $21 billion annually. These types of errors can occur anytime during the process of selecting, prescribing, and dispensing medications.
When a drug or some other medication causes illness or death, a drug injury lawyer assists victims who wish to recover damages (financial compensation) for medical bills, lost income, pain and suffering, and other incurred costs; they may also seek punitive and wrongful death damages, if either applies.
Though some of these mistakes may not be serious, many prescription errors can lead to a loved one’s death. In truth, more serious injuries occur because of defective drugs than as a result of prescription errors, the latter of which can fall under injury statutes governing either medical malpractice or personal injury, depending on the circumstances.
THE THREAD OF LIABILITY WHEN PRESCRIPTION ERRORS FURTHER HARM PATIENTS
Healthcare providers have an obligation to act in a manner that the medical profession requires of any qualified provider in similar circumstances. This duty of care applies to physicians and healthcare providers in all specialties. Regarding the prescribing of medications, the healthcare provider’s duty is to be aware of the patient’s allergies or other medications they may be taking.
When a healthcare provider fails to meet their duty of care, they can be found liable for breaching their duty. When a doctor or pharmacist fails to inquire about the patient’s medical history, allergies, or other prescriptions, they may be liable for any harm caused by their oversight.
When the medical professional’s negligence is directly responsible for the injury, it is the causation of the damage to the patient’s health and completes the thread of liability that makes them a defendant in an injury lawsuit. This often results in their insurance company’s paying damages to the injured victim of their medical malpractice.
It’s not on you to know exactly who caused your injury or illness. The Houston drug injury attorneys at Terry Bryant Accident & Injury Law will find out who was responsible. Contact us today to get started with a free consultation.
BUT THERE ARE STILL TOO MANY DEFECTIVE DRUGS ON THE MARKET
Big Pharma corporations have staggering amounts of money available to defend themselves from lawsuits when they distribute defective drugs. The Food and Drug Administration’s (FDA) management of the drug approval process, as well as their procedure for warning the public when a defective drug is on the market, leaves much to be desired.
The FDA recalls at least one potentially harmful drug each and every month, yet studies suggest that companies and regulators continue their lax notification to healthcare providers and patients about their substandard products.
Experienced attorneys who deal with illness and death caused by Big Pharma’s defective drugs understand the often complicated steps to take in these kinds of cases.
Many defective drug lawsuits morph into a Multi-District Litigation (MDL) where groups of individual lawsuits related to a particular medication – maybe even in different jurisdictions or states – are grouped into one large case. Others may be grouped into a class action lawsuit.
EXPERIENCED PRESCRIPTION ERROR INVESTIGATORS AND LAWYERS
If you’ve suffered health complications and additional medical expenses due to a medication mistake, or if a family member has died and you suspect a medication error, seek the advice and guidance of a team of attorneys with experience at investigating and pursuing prescription drug cases immediately!
Attorneys who defend the compensation rights of drug injury victims stay abreast of pharmaceutical recalls and potentially harmful medications. They also possess …
- The precise legal skills necessary to represent you in a prescription or over-the-counter medication case
- The resources to pursue your claim, including relationships with qualified experts such as pharmacy experts and leading consumer advocates for consultation and testimony.
The Houston drug injury lawyers with Terry Bryant Accident & Injury Law have successfully handled cases on behalf of clients who were injured after a doctor, nurse, or pharmacist failed to take proper care when prescribing, administering, or dispensing medication. If you or a family member suffers from a prescription error or defective medication, contact us quickly by filling out our online contact form or giving us a toll-free call at (800) 444-5000.