How Our West Palm Beach Pharmacy Error Lawyers Can Help
There are many types of cases that fall under the umbrella of personal injury law, and it’s not always necessary to hire an attorney. For example, if a person is involved in a minor car accident that didn’t cause a serious injury, the process of filing a claim may be fairly straightforward. But due to the highly complex nature of pharmacy errors and the injuries and illnesses that can result, it’s never a good idea to navigate these proceedings alone.
Below are just a few ways our West Palm Beach pharmacy error attorneys can help:
- Investigating the Pharmacist’s Behavior: Some medication side effects and complications can be traced back to a pharmacist’s negligence. If you found out that your medication was expired or that you received the wrong drug or dosage, our lawyers can investigate the actions of the pharmacist to find out why the error happened. In some cases, we discover not only that the pharmacist made a mistake but also that the pharmacy had inadequate operating procedures in place. When a pharmacy fails to implement reasonable safety measures, the patient may be able to bring a claim directly against the pharmacy even if the pharmacist was not an employee. If the negligent pharmacist was an employee, it may be possible to hold the pharmacy vicariously liable for the resulting damages, regardless of the operating procedures that were in place.
- Consulting with Medical Experts: You won’t be able to recover damages unless it can be shown that the defendant breached the duty of care owed to you. Whether you’re bringing a claim against the pharmacist, the pharmacy, your doctor, the facility that employed your doctor, or some combination of those parties, you’ll need strong evidence to prove how that party (or that party’s employee) was negligent. This may require the testimony of medical experts who have the same specialization as the defendant. Such an expert can provide insight into whether the defendant failed to use the most reasonable and widely accepted standards of care given the circumstances. Medical experts can also provide testimony regarding the adverse effects of the pharmacy error and the treatments you will need.
- Obtaining Medical Records: Compiling medical records can be time consuming, and overlooking just one critical document could greatly weaken your case. Our pharmacy error lawyers can gather these records on your behalf.
- Determining Whether the Error Has Happened Before: Your case may be much stronger if it can be shown that a similar error was made by the defendant in the past.
- Handling Dialogue with Defendants and Insurance Companies: If you contact the pharmacist or doctor who made the error, they might try to handle the situation internally and dissuade you from taking legal action. But if you’ve suffered a serious injury or illness or a member of your family has died due to a medication mistake, it’s important that you let your attorney handle all correspondence with the opposing parties. That way, you won’t say something that can be used to dispute your claim.
- Negotiating with the Insurance Company: There are all sorts of reasons why the settlement negotiations might fall through. It’s important that you hire an attorney with extensive negotiation experience because one strategic gaffe could be all it takes to derail the proceedings. Our pharmacy error lawyers take a tactful approach to settlement negotiations and will make sure you’re well-represented.
- Taking Your Case to Trial If Necessary: Although we will strive to get you fairly compensated without going to trial, we’re not afraid to enter litigation if the insurance company refuses to settle.