Medical Malpractice Involving Medication Errors

by Patricia Woloch

Prescribing medication is something that all doctors (and some other medical professionals) do each and every day, and more often than not, prescribed medicine is a great help to the patient's recovery and well-being. However, sometimes the wrong medication is prescribed due to a wrong diagnosis by the doctor. Other times, the prescription may simply be written incorrectly and a wrong number indicating dosage or number of pills dispensed can be written. Medication errors encompass all mistakes involving prescription drugs, over-the-counter products, herbal supplements, vitamins, and minerals. When physicians and other health care professionals make mistakes involving medication and a patient is harmed in any way, medical malpractice may exist.

Medication errors are among the most common medical errors, harming at least 1.5 million people each year, and the extra costs of treating drug-related injuries occurring in hospitals alone amounts to over $3 billion a year. This estimate does not even take into account lost wages and productivity or additional health care costs. Studies show that there are approximately 400,000 preventable drug-related injuries each year in our nation's hospitals, 800,000 in long-term care facilities, and approximately 530,000 medication errors among Medicare recipients in outpatient clinics.

What Can I do to Make Sure This Doesn't Happen to Me?

There are precautions that consumers can take to ensure they do not become one of the medication error statistics listed above:

· Know what kinds of medication errors occur. The FDA has found that the most common types of errors involve administering the improper dose, giving the wrong drug, and using the wrong route of administration. Older people are at a greater risk for errors because they often take multiple medications. Children are also vulnerable because a lot of medications prescribed for them are based on their weight and miscalculations often occur.


· Find out what the name of the drug is and what it is prescribed for. There is an astonishing number of people who cannot even name the drugs they take and have no idea what they were prescribed for. Knowing what you're taking and why can help reduce your chances of getting and/or taking the wrong medication.


· Find out how to take the drug and make sure you understand all the directions. For instance, if you're told to take a drug three times a day, is that every eight hours or with meals? Sometimes these differences matter greatly.


· Keep a running list of all medications (even OTC and herbs) that you take and make your physician and pharmacist aware of this list. There are certain drugs that are absolutely not supposed to be prescribed with other drugs. Drug interactions can often be fatal.


· Ask questions. It's your body and your life at stake. If you do not understand something, ask your doctor for explanation/clarification immediately.

New computerized systems for prescribing drugs show promise for reducing the number of drug-related mistakes each year as studies have shown that paper-based prescribing produces the highest error rates. Electronic prescribing is safer because it eliminates the problems associated with reading a doctor's handwriting, and technology can alert physicians to drug allergies, adverse interactions with other drugs, and other potential problems.

About the Author
If you or a loved one has been injured or killed by medication malpractice in Long Island or anywhere in New York, please contact the Medical Malpractice Law Offices of Silberstein, Awad & Miklos today to schedule your initial consultation.

Getting A Medical Malpractice Lawyer

by RAY MESHACK

The increasing number of incidents regarding medical malpractice has caused great disturbance all over the world. Medical malpractice is now considered as among the leading causes of deaths and personal injuries that occur in hospitals. It happens when a health care provider, mostly doctors, nurses and medical personnel, deviates from the accepted standards of practice in the field of medicine. By their negligent acts or omissions, a patient either dies or is severely injured.
However, when we say medical practice, this does not pertain alone to doctors, surgeons or nurses. They also rightfully include dentists, therapists, pediatricians, general medicine practitioners, and even the hospital or institution where these medical personnel work.

We must likewise keep in mind that in medical malpractice cases, the burden of proof is always upon the plaintiff claiming for damages. This is not an easy task to undertake, as our courts require substantial and convincing evidence to hold the medical practitioner liable. Once proven however, the burden of proof now shifts to the defendant to show that the injury sustained by plaintiff was caused not by his or her negligence, but by some other factors.

Under these circumstances, the victim should consider getting the legal services of an expert Medical Malpractice Lawyer who can greatly help him in discharging his duty of proving liability on the part of the defendant. The Medical Malpractice Lawyer will have three things in mind in case an action for personal injury claim has been filed. First, he should show that the health care provider failed to exercise the necessary care that a patient should have received (negligence). Second, that the patient has suffered injury (damages). And lastly, that the failure to exercise reasonable care and diligence has caused the plaintiff’s damages or injury (proximate cause).

Indeed, Medical malpractice cases are very complicated. When one has been the subject of a medical malpractice incident, the victim can make a claim for damages against the medical practitioner who caused him the injuries. To have a more formidable personal injury action, the victim must get the rightful Medical Malpractice Lawyer to handle his medical malpractice claim.

Ray Meshack is a member of the Los Angeles Personal Injury Attorneys . The firm takes pride in serving clients who have been victimized and need an advocate to protect their legal rights.

MICRA's Impact On Your Medical Malpractice Claim

by Eisenberg

Unlike other types of injury cases, one claiming to have been seriously injured as a result of a healthcare provider's negligence will rarely receive full compensation for their injury. This is because California, long before President Bush's call for nationwide tort reform in the area of medical malpractice, enacted legislation limiting your recovery against medical providers.

California's Medical Injury Compensation Reform Act or "MICRA" was enacted in 1975 by the California Legislature in an effort to control skyrocketing medical malpractice insurance premiums. MICRA's provisions, found at various sections of the Civil Code, Code of Civil Procedure and Business Professions Code, was the Legislature's most ambitious tort reform measure of its time. While purportedly designed to make healthcare more readily available and affordable, the effect of this legislation over time has not only been to deprive Californians quality medical care, but to deny them fair recovery in the event of malpractice.

Perhaps the most significant provision of MICRA is Code of Civil Procedure section 3333.2 which limits awards of pain and suffering in medical malpractice actions to $250,000. Over the last decade there has been considerable debate about this limitation in that it was established more than 30-years ago and has never once been increased. When adjusted for inflation, this $250,000 would equal roughly $864,000 today, however, MICRA, when enacted, did not contain any provisions that allowed for increases of the $250,000 cap to account for inflation. It would take therefore take legislative action and approval by our governor before this limitation were raised.


Many clients at EISENBERG LAW GROUP have been victims of medical malpracticeand, as a result, have been rendered quadriplegics, paraplegics, or otherwise left wheelchair bound and/or brain injured. Notwithstanding the nature and extent of their injuries and the dramatic effect their injuries have had upon their lives and the lives of their loved ones (often responsible for their day-to-day care), their recovery for pain and suffering has been limited by law to $250,000. There is no limitation in California on the recovery of special damages (e.g. medical expenses, loss of earnings, etc.) in a medical malpractice action however, MICRA does permit a medical provider, in the event of an adverse judgment, to make periodic payments on any monetary award over $50,000. [Code of Civil Procedure section 667.7.] Naturally, this can result in a delay in compensation to the patient victim.

At EISENBERG LAW GROUP we not only work to achieve the best results and largest recovery for our malpractice clients, we also employ experts in rehabilitation, life care planning, economics and structured settlements to insure that their settlements and awards, even in the face of legislatively mandated recovery limitations, are sufficient to provide for their medical needs into the future.

About the Author
Mark W. Eisenberg of EISENBERG LAW GROUP represents the interests of injured parties and their families in trials of Automobile Motorcycle Trucking Accidents, Medical Malpractice, Nursing Home Negligence, Personal Injury,

Characteristics of a Good Medical Malpractice Attorney

by Jon Arnold

Medical malpractice is a situation in which an individual claims that while they were under the care of a professional in a health-related field, they received improper care. Normally, this care resulted in further injury or, in many situations, death. It is an accusation that a professional was negligent in one form or another. If you are in a situation where you feel the need to file a medical malpractice claim, it is imperative to obtain an effective medical malpractice attorney to handle your case. In this article, you will learn some of the top characteristics of the best medical malpractice attorneys in the country.

Prior to engaging in a medical malpractice claim against a medical professional, there are just a few things that must be established. The first thing is that the professional took responsibility for your care. The second thing that you must establish is that the professional failed to provide care for you in a manner that is consistent with standard procedures that suited your medical needs.

Once you have established the above mentioned information, it is vital to provide proof that the professional's lack of care resulted in an injury, or further damage. It is important to ensure that you have proof of the injury that you are claiming to have sustained as a result of the negligence of the medical professional. If you are able to verify all of these components to the case, then you may continue your search for a medical malpractice attorney.

The first characteristic that you should ensure that a medical malpractice attorney has is an extensive educational background in medical malpractice. It is also important that you inquire as if to whether the medical malpractice attorney has ever had experience in dealing with the type of case that you are claiming. The unique combination of education and experience should prove to be the top determining factor when selecting a medical malpractice attorney to handle your case.

The second characteristic that the medical malpractice attorney must have is a standard pay scale. The attorney must be very comfortable when explaining their rates for the service that they will provide to you. Many medical malpractice attorneys have been known to say things like "If you don't get paid, I don't get paid", or "we will worry about that only if we lose...and we WON'T lose". You should be very cautious with individuals that express this regarding the fees regarding their service.

The medical malpractice lawyer should have an established pay scale, and be willing to discuss their fees openly and honestly with you. If they are not willing to do this, or keep putting you off, it would probably be in your best interest to resume your search of an appropriate attorney. Chances are, you will end up with further complications if you remain with a drifty medical malpractice attorney.

Like anything else in regard to fees, make sure you get it in writing! That way there can be no misunderstanding when it comes time to pay the malpractice attorney fees.

When searching for a medical malpractice attorney, it is essential that you make sure that you are at ease with the individual. You want someone that you can easily confide in, and that will empathizes with the experience that you have endured. You will also want someone who can communicate effectively with you when you meet with them. Good communication skills are essential when it comes to working a trial.

You may want to request information on the track record of the medical malpractice attorney that you are considering. It is imperative to know and understand what type of cases the attorney has handled in the past, their success rate, and even the circumstances surrounding their losses. You should openly discuss any concerns that you have with that individual to receive clarification on the issues.

As you can see, choosing a medical malpractice attorney can prove to be challenging. However, if you implement the steps that are outlined here, you are sure to find a dedicated professional who will work to ensure that you receive the compensation that you deserve.

About the Author
For more insights and additional information about a Medical Malpractice Attorney please visit our web site at http://www.malpracticeinfonow.com

Personal Injury Claim Redemption With The Florida Injury Lawyers

Personal Injury Claim Redemption With The Florida Injury Lawyers by Markus Skupeika


For the people it can be much harder to find the perfect law personnel of their own being affected by the accident or the personal injury. Personal injury is the case that can happen at any point of the time, as people move along with the time. The most comprehensive cases for the personal injury involve automobile injury, boat accident, slip and fall injury and most of the all medical negligence or medical malpractice. If the people are dealing with these cases of dreadful injury in the state of the Florida, people must contact the competent and reliable Florida attorneys. Like the most other states of the United States affected people and the person who is at fault are bound by the law. All these cases are subject to proceed by the lawsuit and the compensation.

Among all the personal injury cases the most frequent injury case is the automobile injury. The rates of the automobile injuries have gone up to 25% in each year. People may be victimized by the carelessness, recklessness of the person who is at fault. Most impressive thing about the Florida Injury Lawyer is that they pay their sophisticated attention on the every personal case that comes to the accordance. When a person is involved in an accident or injury, they become snowed under with the injury, medical bill, insurance, lost wages, physically undone and the most of all mental anguish.

Making a compensation claim can look like a daunting task if the affected people have either been physically restricted by the accident or are suffering from emotional shock, so a home-visit from a Florida Car Accident Attorney eliminates the need for taking that painful first step towards compensation: making the effort to meet an attorney.

Florida Accident lawyers should be easily accessible and should understand the case thoroughly, and ensure a positive outcome without any trouble or further interruption. They should be able to sympathize with their client, who has just been through a traumatic experience, making him very weak, mentally as well as emotionally. The compensation attorney should make sure that the client is at ease, and comfortable enough to discuss the details of the case without any hesitation. The option of your personal injury lawyer, coming to the comfort of your home and office, ensures that there is no further harassment for the client.

Achieving the right amount of the compensation with the trust worthy injury lawyer is not the healing method of the person who has been victimized. It ensures the healing process of the person's injury in a smoother way.


About the Author
Don't pay until you win your case. Florida Injury Lawyers guaratnee offering for over 25 years. More Florida Slip and Fall Lawyers advice and tips for your case.