Medication errors harm over a million people every year, and the costs associated with the errors numbers in the billions. Despite the duty of care that healthcare providers are committed to and strive for, negligence, and malpractice when it comes to prescribing, administering, and dispensing medications occurs at staggering rates. If you are reading this article, you may be one of the unlucky ones who has experienced an adverse effect from a pharmacy error, and I am sure you have many questions. The following may help you better understand if you have recourse for the mistake and how to bring suit.
How Do I Start a Pharmacy Claim?
The first step is preparation. Gather all the medications prescribed, any receipts or notices, and record any important dates. Under no circumstances should you agree to a recorded statement with the pharmacy. Much like court cases, anything you say can be used against you when the lawsuit process begins. The second step is to contact The Kennedy Law Firm, 713-425-6445, to help investigate your case. The attorney will send a notice of representation to the pharmacy and will start to gather evidence, such as your medical records and any other records that will support your claim. The attorney will then begin the negotiation process as it would relate to your settlement.
What Are The Costs Associated With Bringing a Lawsuit?
There is no cost for you to bring a suit. Both the consultation and the investigation we perform are free. We earn our fee on a contingency basis, meaning that we do not get paid unless we successfully recover a settlement based on your claim.
What About The Statute Of Limitations? How Soon After The Event Am I Able To Bring a Lawsuit?
The Statute of Limitations varies by state and type of injury.
For example, in the State of Texas, a person has two years after injury to bring suit. In other states, it could be half that time or even less. Call us, and we can help determine if you are in the timeframe by which to file.
How Long Will The Process Take?
The time it takes from filing to resolution depends on many factors, so it is impossible to give you a definitive answer. But here a few things that will affect the length of time from claim to settlement:
- The scope of the injuries
- The amount of work lost due to the injury
- The type and extent of the error
Being represented by an attorney team with your best interests in mind will speak volumes to the pharmacy, and they will know that they cannot ignore or deny your claim.
What Does Proving Negligence Look Like?
Many reasons could have attributed to the error that the pharmacist made. For example, 75% of pharmacy errors are due to distractions. We are committed to providing a thorough investigation to determine what led to the pharmacy error in your case, if the error resulted in your injury, and to determine the extent of any short or long-term damage.
What Will The Court Consider When Determining The Amount Of a Settlement?
Typically the courts allow compensation for the following costs associated with an injury:
- Medical costs
- Lost wages
- Damages for physical pain
- Damages for physical impairment
- Damages for mental anguish resulting from the injury
- Damages for disfigurement
- Wrongful death compensation
How Do I Know That You Are The Best Law Firm For My Case?
The Kennedy Law Firm has a history of success in pharmacy and medical malpractice cases and wants to represent you in getting the compensation you deserve. Here is a list of successful pharmacy negligence cases we have won:
- Settlement for a two-year-old who had a seizure due to the wrong medication,
- Represented a patient who received a near-fatal dose of a central nervous system stimulant instead of Vicodin’s correct prescription. (National pharmacy chain),
- Settlement for a patient who received the wrong medication (HIV drug) instead of a drug to manage his acid reflux. (National pharmacy chain),
- Represented a client who was given different instructions for taking the medication than the doctor had prescribed.
We have a history of taking on small and big pharmacies to pay for their errors and are happy to review your case. You can call us at Kennedy Law Firm, LLP 713-425-6445 or email [email protected].