Can you imagine being prescribed the wrong medication which then causes permanent injury or even death? It could happen to you or your loved one.
A wrongful prescription occurs when a doctor, nurse, or pharmacist generates a medication error that results in injury or death. When this occurs, the injury falls under negligence and the injured party can file a medical malpractice lawsuit. Taking the wrong medication can have deadly consequences.
The list of responsible parties can be large and anyone within the chain of medication custody can be liable for the wrongful prescription. This source of negligence can include doctors, nurses, pharmacists, pharmacist assistants, hospitals, and even the drug manufacturer.
What Constitutes a Wrongful Prescription?
- A doctor prescribes the patient a medication that the patient is allergic to
- A doctor prescribes the patient a medication that interacts negatively with other medications that the patient is taking
- A doctor prescribes unnecessary medication due to a misdiagnosis
- A doctor fails to warn a patient of harmful side effects
- A nurse administers the wrong medication to a patient
- A nurse administers the wrong amount or dosage of a medication
- A pharmacist or their staff put the wrong medications in the bottle
- A pharmacist mislabels the medication
- A pharmacist issues an incorrect dosage due to a machine defect
- A pharmacist fails to catch harmful drug interactions
If you or your loved has experienced injury as a result of one of these scenarios, you have been the victim of negligence and you can pursue compensation for your injuries, medical expenses, loss of earnings, and pain and suffering.
How Do I Prove Medical Malpractice?
If you believe you have been experienced injury as a result of a prescription drug, it may be time to discuss your situation with an experienced medical malpractice lawyer.
Wrongful prescription injuries can manifest in a number of ways. They include, but are not limited to, the following:
- Birth defects
- Heart attack or palpitations
- Hypertension
- Insomnia
- Memory loss
- Numbness
- Stomach aches and severe vomiting
- Stroke
- Tremors
Most wrongful prescription cases will need your lawyer to your medical professional deviated from the standard of care required and this caused you injury. To accomplish this, your lawyer will work with you to show:
- A medical relationship existed between you and the accused.
- The accused failed to provide a reasonable standard of care.
- The medical professional’s negligence was responsible for the injuries.
- Quantifiable evidence of injuries which will equate to compensation for your damages.
Doctors and pharmacists don’t like to admit when they make mistakes, so you need a professional medical malpractice lawyer to dig into the details and help you prove your case and the financial compensation you deserve.
I’ll Protect Your Rights in Insurance Claims and Lawsuits
I’ve been serving product liability and medical malpractice victims in Houston, Texas, since 2001. I have nearly two decades of experience helping people just like you. There is a lot that goes into a personal injury claim or lawsuit. I’m here to help every step of the way. Here are some general steps to show you how I’ll help lift the burden of recovering compensation for your injury claim.
Initial Free Case Evaluation
- Listen to you and review the details of your case with a free initial consultation.
- Offer an initial assessment of the strengths and possible weaknesses of your injury claim.
- Educate you about the entire legal process and answer your questions.
- Offer to take your case on a contingency fee only where the client does not pay the attorney any fees unless there is a settlement or jury verdict in your favor.
Case evaluations can be done in person, via phone, or via Zoom.
Once I am Retained as Your Lawyer
- Send out notice letters to all possible “at fault” parties.
- Further investigate your case details to determine if there are multiple parties at fault or find the one truly at fault for the injury from whom we can seek a recovery from.
- Make sure you are getting proper medical treatment and well documented medical treatment.
- Estimate the cost of your injury’s physical harm, mental anguish, and financial burden due to medical treatment and loss of income using all the medical treatment and billing.
- File an initial claim to demand compensation from those who were negligent.
- File all follow up paperwork with insurance companies, lawyers of those negligent, or the Texas court system.
- Communicate with insurance agents, defense attorneys, and court representatives.
- Prepare supporting documentation to demonstrate the extent of your physical injuries and financial damages to get the best possible settlement offer.
- Find and Interview witnesses that can provide support for your injury claim.
- Provide litigation support, legal costs*, and representation should your claim move into an actual lawsuit.
*Legal costs are a part of case expenses which client is responsible for in the event of a settlement or jury verdict in the client's favor.
Work on Your Case Until Conclusion
It is the law firm’s job to bring your claim to an end. The following is a brief listing of that process.
- Present a final pre-lawsuit demand for evaluation to see if the case can be settled before filing a formal lawsuit.
- Negotiate and discuss any potential settlement offers with the client.
- If the case can be settled pre-suit, the law firm will work with the client to reduce outstanding medical bills and close out the claim.
- If the case cannot be settled pre-suit, the law firm will discuss how to proceed with filing a lawsuit against all responsible parties.
- Once in litigation, the law firm has to prepare an Original Petition, serve the petition on any Defendants, enter the Discovery process, and follow the Docket Control Order of the Court.
- There are numerous steps and processes to the litigation process which can be discussed with the attorney at a later date. Litigation can be an expensive and complicated process that our law firm is well versed and experienced in.
I understand the massive physical pain, emotional stress, and financial burdens you are dealing with and I will work to obtain just compensation for your case.
Free Initial Consultation and No Out-of-Pocket Costs*
If you are injured and believe you have been a victim of someone else’s negligence, call me at 281-929-0110 for a free initial consultation. Or if it is an emergency, please feel free to text me at 832-797-7600.
*As your personal injury lawyer, I will only receive a fee if we recover a settlement or jury verdict for you. In other words, you don’t pay any legal fees unless I make a financial recovery for you!
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