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Medication Error Attorney Los Angeles

Los Angeles Medication Error AttorneyAccording to recent studies medication errors result in injury to more than one and a half million American each year and cost upwards to $3.5 billion dollars in medical costs and lost wages. Common causes of medication error include general fatigue of the practicing pharmacist, physician or  nurse practitioner, lack of proper education, storage and packaging mistakes, mislabeling of medication, failure to look into the medical history of the patient, and failure of communication between physicians and pharmacists.

Pharmacist Mistake Attorney Litigation: Our law firm has the experience and resources to provide the legal representation necessary to protect the rights of patients who have suffered grave injuries due to medication errors in hospitals, pharmacies, nursing homes and rehabilitation care centers. To contact one of our medication error injury attorneys feel free to contact our law offices toll free (800)790-5422. All legal consultations are confidential and free of charge.

Medication Error Laws in California – Pharmacist Liability

Pharmaceutical mistakes litigations are predicated on a medical malpractice cause of action. Medical malpractice is defined as a deviation from the standard or care established by the medical community resulting in harm to the patient. The basic elements which need to be proven are as follows:

  • The pharmacy had a duty of care to provide for the correct dosage and or the correct medication provided for my the prescription designated by the practicing medical doctor.
  • The pharmacy breached its duty of care.
  • The breach of the duty of care resulted in the patient being given the incorrect medication.
  • The incorrect medication resulted in some kind of physical harm to the patient.

Financial Recovery Available for Victims of Medication Errors: Individual who file personal injury lawsuits for injuries sustained due to the negligent or wrongful acts of others are entitled to financial restitutions of all harms and damages suffered. According to California medical malpractice and civil injury laws victims of medication errors are entitled to the following types of recovery:

  • Economic Damages – Cost of medical care, hospitalization costs, future medical and rehabilitation expenses, lost wages, loss of future income sue to inability to work.
  • Non Economic Damages – Pain and suffering including emotional anguish, and punitive damages.
  • California Medical Malpractice Limitations on Non-Economic Damages – In the state of California MICRA – The Medical Injury Compensation Act of 1975 limits the amount on non economic damages available for victims of medical malpractice to no more than $250,000.
  • Situations Where Punitive Damages Can be Awarded – Punitive damages serve the purpose of punishing the at fault party to such an extent that he/she will refrain from further intentional or wrongful acts. Punitive damages are awarded where the at fault party acted with intentional malice or reckless disregard for the life and health of a patient or consumer.

Medication Errors Resulting in the Death of a Loved One: Unfortunately medication errors often result in the death of a loved one. Every year between 5,000 and 10,000 individuals die due to mistakes in providing for the correct medication in the United States. In the state of California certain relatives on individuals who have perished due to the negligence or wrongful acts of practicing medical professionals are entitled to the filing of wrongful death lawsuit.

Statute of Limitations for Filing a Pharmacy Error Claim

In the state of California medical malpractice claims including medication errors must be filed within ONE YEAR from the Date of the incident. There are certain circumstances where courts have provided for an exception to the ONE YEAR deadline including cases where the individual was mentally or physically incapacitated.

Medication Error Lawsuit

Our law firm provides all clients with free and confidential legal consultations and case review regarding their medication errors claims. If you have any further questions and would like to speak with one of our medication error attorneys feel free to contact our law offices toll free (800)790-5422.

 

 

 

 

 

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