Minneapolis Medication & Pharmaceutical Error Attorneys
Effective administration of medication, usually a pill or shot, is often the key to a rapid and complete recovery. Usually, these medicines are very powerful. So, they usually have powerful side-effects. Additionally, many medicines must meet a therapeutic level to be effective. Therefore, the dosage often varies. Patients must ingest a considerable amount of medicine initially, then the dosage tails off. If the dose is too low, the patient might as well not be taking the medicine at all. Additionally, many medicines have similar names. So, wrong medicine errors are common, especially at busy hospitals and pharmacies.
In high school, minor mathematical or labeling errors are not too serious. They might only drop a student’s grade by a few percentage points. But in the medical malpractice context, such errors are usually negligence, or a lack of care. Since patient health and safety is at stake, the margin for error is much lower.
The experienced Minneapolis medication & pharmacy error attorneys at Wais, Vogelstein, Forman, Koch & Norman have successfully handled medical malpractice cases for decades. Over the years, we have developed proven methods that allow us to quickly evaluate your case and collect evidence to support your claims. Once the case goes to court, our professional team knows what it takes to obtain maximum compensation for families and hold negligent doctors responsible for their actions.
Duty of Care
Both doctors and pharmacists are medical professionals. These individuals have a significant amount of education and training. As a result, they have a very high duty of care under Minnesota law.
Physician duty of care usually comes into play in diagnosis and treatment matters. When they diagnose illnesses, they cannot rely on their instincts. Instead, they must collect evidence, which usually means listening to patient symptoms and running tests, and then act based on that evidence.
Doctor evidence collection is sometimes a problem. The average doctor only listens to the average patient for about eleven seconds. Additionally, in order to avoid the dreaded “defensive medicine” label, many doctors don’t perform all necessary tests. Therefore, when doctors prescribe treatment, only part of the puzzle is filled in.
Later, in doctor treatment issues, they cannot prescribe the cheapest medicine, most expensive medicine, or the medicine provided by certain manufacturers. They must prescribe the medication that the medical situation dictates.
Pharmacist duty of care usually relates to attention to detail. When pharmacists receive doctor instructions, they cannot always take them at face value. If the dosage or type of medicine seems off, pharmacists usually have a duty to ask questions. Then, when they fill the prescription, they must pay very close attention to things like names and decimal points.
Resolving a Medical Malpractice Case
Almost all negligence cases settle out of court. Such resolutions end cases more quickly, thus limiting the additional emotional strain these matters often involve. Additionally, such resolutions give victim/plaintiffs more control over the outcome. That’s usually a welcome change from the aforementioned lack of control they experienced previously.
Informal settlement negotiations often begin almost immediately. If the legal and financial issues in the case are crystal clear, these informal negotiations often bear fruit.
More frequently, however, the case settles later, during mediation. Basically, mediation is a court-supervised negotiation session. Each party has a legal duty to negotiate in good faith. So, the hospital, insurance company, or other defendant cannot take a hard-line “take it or leave it” approach. Instead, both sides must be willing to make some compromises, if that’s what it takes to resolve the matter.
Contact a Dedicated Hennepin County Lawyer
Injury victims are usually entitled to significant compensation. For a free consultation with an experienced medication and pharmaceutical error attorney in Minneapolis, contact Wais, Vogelstein, Forman, Koch & Norman LLC by going online or calling 410-567-0800. We do not charge upfront legal fees in these matters.