Prescription drug errors are a widespread problem, causing grave health outcomes to unsuspecting patients daily across America. Never underestimate the gravity of these errors, as they may lead to health complications, prolonged suffering, and, in severe cases, loss of life.
If you or a loved one is a victim of Middletown prescription drug errors, you may seek substantial compensation for enduring the physical, psychological, and financial burdens you did not deserve.
At The Flood Law Firm, we commit to asserting your rights and handling this legal process. Featuring a talented and dedicated team of attorneys, we have an impressive record of success in handling these claims. We combine our comprehensive knowledge, strategic legal tactics, and compassionate advocacy to seek the most favorable outcomes for our clients' cases.
You don't have to face the intricacies of medical malpractice law alone. Contact The Flood Law Firm today for your free, no-obligation case evaluation, and let us guide you on your path to justice.
Why Choose The Flood Law Firm?
The Flood Law Firm has a long and successful history of handling prescription drug error cases. With years of experience in this area, our Middletown personal injury attorneys possess the knowledge and legal acumen to navigate the complex landscape of medical malpractice litigation. We owe our track record of many settlements and verdicts to our relentless pursuit of justice for each client.
Whether it is a case of incorrectly prescribed medication, incorrect dosage, or failure to account for drug allergies or interactions, our attorneys have consistently held the responsible parties accountable.
Our firm's Middletown office, at the convenient location of 190 Washington Street, has services available to all victims of prescription drug errors in the local community and the surrounding areas.
Prescription Drug Error Compensation
Every case of prescription drug error is unique, and the entitlement for compensation to victims can significantly vary based on the case's specifics. Damages awarded in these cases should cover medical bills, pain and suffering, lost income, and other related expenses.
The Flood Law Firm can accurately determine your case's worth by thoroughly assessing these factors. We can offer a realistic estimate of potential compensation, ensuring you clearly understand what the journey to recovery and justice might look like for you.
Middletown Prescription Drug Errors
According to the Academy of Managed Care Pharmacy, prescription errors are among the most common mistakes to take place in a medical setting, causing harm to about 1.5 million people each year. These types of errors may occur in hospitals, specialty clinics, pharmacies, and even local doctors' offices.
Like other cities, Middletown is not immune to this problem, reinforcing the need for expert legal provisions in such cases. Our attorneys in Middletown can fight for rightful compensation for prescription drug error victims by effectively understanding the local context and strategizing accordingly.
Understanding Middletown Prescription Drug Errors
Prescription drug errors can take various forms. These include:
- Prescribing the wrong drug to treat the patient's condition: The National Library of Medicine notes that many errors in prescriptions occur because of a doctor's distraction and the multitude of medications on the market with similar sounding names.
- Giving the incorrect dosage: Prescribing a patient too much or too little medication can have disastrous effects, such as inadequate treatment of the patient's condition or an overdose. Incorrect dosage is a problem with prescription medications for the patient to take at home and drugs that hospitals administer, such as anesthesia or intravenous (IV) medicines.
- Failing to recognize a drug allergy: Part of the legal standard of care doctors must provide for their patients includes taking a detailed medical history. A vital aspect of this medical history is information about medications to which the patient is allergic. Without this information, the doctor could unknowingly prescribe medicine that causes a dangerous allergic reaction.
- Not warning a patient about a drug's adverse effects: Informed consent is another aspect of providing a standard of care in medicine. As the American Medical Association's Code of Ethics explains, informed consent occurs when communication between the physician and the patient provides satisfactory information about their diagnosis, the physician's recommended treatment, the known risks of that treatment, and alternative options before providing a specific treatment, including prescription drugs.
Each error can cause various health issues, including allergic reactions, overdose, mental distress, and, in severe cases, life-threatening conditions. The Flood Law Firm has the experience to handle all cases involving prescription drug errors and can fully understand and effectively represent your case.
Battling Insurance Companies
Prescription errors fall under medical malpractice, an area of personal injury law involving injuries resulting from a healthcare provider's errors.
According to the Connecticut Department of Health, all healthcare providers in the state that provide direct patient care must have a medical malpractice insurance policy with at least $500,000 in coverage for claims relating to harm to a single person and aggregate coverage of at least $1,500,000.
Facilities such as hospitals, clinics, and pharmacies must maintain medical malpractice policies that cover injuries resulting from errors of employed personnel, such as pharmacy techs or nurses. Doctors are commonly independent contractors, and their medical malpractice policies cover liability for their errors or those made by employees under their direct supervision.
As with other personal injury claims, your lawyer first submits a medical malpractice claim to the insurance company that services the at-fault party's policy. When the insurer receives the claim in a demand package, along with documentation that justifies its value, they assign it to a claims adjuster.
An insurance claims adjuster gathers information about the claim and the specific policy to determine how much compensation the company owes the claimant. While this seems straightforward, the claims adjuster will protect their employers' bottom line by keeping payouts as low as possible. This directly conflicts with your goal of obtaining the highest compensation for your claim.
Once the claims adjuster has completed their evaluation, they will decide to approve, deny, or offer to settle the claim. Most personal injury cases, including medical malpractice cases, resolve through an out-of-court settlement. The initial settlement offer is typically far lower than the claim's value, and your attorney will need to negotiate with the claims adjuster to convince them to increase it.
Dealing with insurance companies in prescription drug error cases is often challenging. They may try to downplay the severity of the case or even deny the claim altogether. If the adjuster fails to offer a fair settlement, your attorney will file the case as a legal complaint or lawsuit in civil court.
The Process of Filing a Medical Malpractice Lawsuit
You must file a Connecticut prescription error lawsuit within two years from the date when the error occurred or when you discovered that your injury resulted from a prescription error. This statute of limitations means you must file your claim before it expires, as failure to do so can result in the inability to use the court process to seek compensation for your injury.
When filing a claim with the court, attorneys must provide a certificate stating they made a reasonable inquiry with a qualified medical professional. This professional must state that they find the case gives rise to a good-faith belief that the patient's injury resulted from medical negligence.
While many states limit the compensation available in a medical malpractice case, Connecticut does not. Your attorney will assess the value of your claim based on factors such as the severity of your injury, any permanent damage you sustained, and the limits of the at-fault provider's malpractice insurance policy.
What To Do After a Middletown Prescription Drug Error
Speak with an experienced medical malpractice lawyer as soon as possible so that they have the necessary time to navigate the claims process before the statute of limitations expires.
Provide copies of any documentation, such as medical bills, prescription information, or even information from your employer about the time you missed from work. Your legal team can gather any documentation they require, so there's no need to stress if you do not have copies.
If you or a loved one are recovering from a prescription drug error, it is essential to follow the subsequent medical treatment plan carefully. This will ensure your best possible physical recovery and generate the necessary documentation to prove the claim.
It is important to avoid speaking with insurance claims adjusters on your own. Your legal team will inform the at-fault insurance provider that they are handling your claim and will manage communications to provide the details the claims adjuster requires to value it.
Medical malpractice claims can take far longer to resolve than you would expect. It can take several months for the claimant's condition to stabilize before determining the claim's value and then allowing time for settlement negotiations. If your attorney files a lawsuit, the case timeline becomes subject to court scheduling. Patience is essential as your legal team fights to obtain the compensation you need.
Affording a Middletown Medical Malpractice Attorney
Individuals injured in Middletown due to a prescription error often fail to receive compensation because they don't hire an attorney for their claim. Any legal process can be overwhelming for a claimant who doesn't have an education and experience in the legal field.
Medical malpractice claims require extensive documentation and feature more legal requirements than many other personal injury matters.
You can hire a lawyer without paying upfront or receiving hourly billing whenever they work on your case. Medical malpractice lawyers typically work on a contingent fee basis, and their payment for handling your claim depends on the successful resolution of your issue. At the conclusion of your case, your attorney will receive the compensation through a negotiated settlement or court award on your behalf.
A percentage of the overall total of the award will make up your lawyer's fees. They will settle any medical liens from the providers and insurers who treated you after the incident and are waiting for payment. You will then sign documents to finalize your case and receive the remaining compensation.
Contact The Flood Law Firm
If you or a loved one is a victim of a prescription drug error, reach out to us at The Flood Law Firm today. We stand ready to fight for your rights and get you the deserved compensation. We offer a free, no-obligation evaluation of your case, empowering you to decide your next steps. Remember, you do not have to face this battle alone. Let us stand with you in your pursuit of justice. Contact The Flood Law Firm today by online form or calling (860) 346-2695.
The Flood Law Firm - Middletown Office
190 Washington Street
Middletown, CT 06457
P: 860-346-2695
