Getting a prescription filled at a pharmacy is something most people do dozens if not hundreds of times in their life. Pharmacists have the critical responsibility of reading doctors’ prescriptions and providing the correct mediation to patients. Although rigorous regulations are designed to prevent mistakes, medication errors do sometimes occur. If you or a loved one were given the wrong medication, the wrong dosage of medication, or you were otherwise the victim of a pharmacy-related medication mistake, the pharmacy may be liable for damages. You could be entitled to compensation for your medical bills, lost income, and more.

Pharmacists and Other Pharmacy Staff Are Held to High Standards

Pharmacy workers must follow specific procedures and policies when dispensing medications. However, issues like staffing shortages, misinterpretation of a prescription, misunderstanding a doctor’s directions, and inattention to detail can lead to mistakes. Some of the most common pharmacy errors include:

• Dispensing the wrong medication, such as a “sound-alike” medication
• Dispensing the wrong dosage of medication
• Failing to warn patients about medication side effects
• Failing to account for patient allergies
• Failing to consider possible drug interactions with the patient’s other medications

Individuals Injured by Medication Errors May Be Entitled to Financial Compensation

To bring a valid medical malpractice claim against the pharmacy, you must show that a pharmacy’s substandard care led to some type of harm or “injury.” You must also have sustained damages because of your injuries. When pharmacists, pharmacy technicians, or other staff make medication-related errors, the results can be disastrous. While many medication mistakes go unnoticed or the patient catches the mistake before consuming the mediation, some medication-related errors result in considerable patient harm. The patient may experience new medical problems because of the mistake or the patient’s existing medical conditions may become worsened. This may lead to considerable medical costs as well as financial losses caused by missed work. Through a pharmacy malpractice claim, you may be entitled to compensation for your medical expenses, lost wages, and out-of-pocket expenses incurred by your injury. You may also be able to recover compensation for your non-financial damages including your pain and suffering, inconvenience, emotional distress, and disability.

Everyone deserves to work in a safe environment. Unfortunately, there is no way to completely prevent work accidents and injuries from occurring. If you were injured at work, you will most likely be entitled to some financial compensation through your employer’s workers’ compensation insurance. However, workers’ compensation is often insufficient. Depending on how you were injured at work, you may be able to bring a third-party personal injury claim in addition to your workers’ compensation claim. This may increase the amount of compensation that you can recover.

Types of Work Injuries That May Lead to a Third-Party Claim

A life-changing work accident can occur in the blink of an eye. Sometimes, work accidents are caused by the negligent or careless actions of an employer or another employee. Other times, work accidents are the fault of another party entirely. If someone other than your employer is liable for your injuries, you may be able to bring a personal injury claim against that party and recover compensation through a third-party claim. Third-party claims may be brought by employees injured by:

• Defective equipment or materials
• Hazardous materials
• Workplace violence
• Car accidents
• Slip and fall accidents
• Contractor or engineer negligence on a construction site
• A party’s failure to properly maintain equipment
• Property owner negligence
• Other instances involving unlawful or negligent actions

How is a Third-Party Claim Different From a Workers’ Compensation Claim?

In the majority of cases, Illinois employee are prohibited from suing their employer. However, compensation for injured employees may be available through the employer’s workers’ compensation insurance. Workers’ compensation is no-fault coverage which means that an injured worker does not have to prove that his or her employer acted negligently or violated the law in order to be entitled to compensation. Unfortunately, the recompense offered through workers’ compensation only covers a portion of an injured workers’ wages and does not provide compensation for non-economic damages like pain and suffering.

One of the most devastating diagnoses someone can ever receive is a cancer diagnosis. However, once a person has been diagnosed with cancer, they can begin treatment. The sooner a patient learns his or her diagnosis, the sooner they can begin exploring their options, speaking with medical experts, and starting down the road to recovery. When cancer is not caught quickly, there is typically a greater chance of the cancer spreading throughout the body. In many cases, an early cancer diagnosis and swift treatment regimen can save someone’s life. However, when a doctor fails to diagnosis cancer or misdiagnoses it as something else, the patient may experience unnecessary pain and suffering and worsened health. The diagnostic mistake may even cost the patient his or her life.

Diagnostic Mistakes Involving Cancer

There are two main types of diagnostic mistakes regarding cancer: failure to property diagnose cancer and diagnosing cancer when the patient does not actually have cancer. More commonly, a person does have cancer but doctors do not take the appropriate steps to recognize and treat the cancer. It is often very difficult to know if a doctor has made a diagnostic error. Doctors and other healthcare professionals are not omniscient. They cannot always know for sure what is wrong with a patient. However, there are some cases where a doctor’s diagnostic mistake constitutes medical negligence.  

Inadequate Testing and Improper Testing May Lead to Delayed Diagnosis of Cancer

Some medical tests are able to detect cancer before a patient even exhibits symptoms. Cervical cancer, breast cancer, lung cancer, colorectal cancer, and prostate cancer may be detected through various types of scans. However, if a medical professional does not perform the test correctly or misinterprets the scan, a patient with cancer may be told that he or she does not have cancer. Cancer is not always detectable via scans and tests. In cases like these, doctors should use the patient’s symptoms, medical history, and family history to help make a diagnosis.

When we think about construction site injuries, we typically think about injured construction workers. When a construction worker is harmed as an employee on a construction site, he or she is typically entitled to compensation for medical bills and lost wages though workers’ compensation. You may wonder, however, what happens when a non-worker is injured at a construction site. For example, what happens if you are walking near a construction site and are injured by falling building debris? In a situation like this, you may be able to recover compensation via a personal injury claim.

Non-Employee Construction Site Injuries

Construction sites are filled with dangers. Partially-constructed buildings, suspended beams, hazardous materials, other dangers can lead to severe injuries and deaths. Construction companies and contractors are expected to follow strict safety regulations to protect the wellbeing of workers as well as non-workers. However, construction site accidents still can and do occur. A construction accident can lead to traumatic brain injuries, broken bones, internal organ damage, amputation injuries, and much more.

When Does a Non-Worker Have a Valid Legal Claim?

If you were hurt on a construction site or your loved one was killed in a construction accident, you may wonder if you have a valid damages claim. Typically, a person is only entitled to compensation for injuries caused in a construction site if he or she was on the site legally. Individuals who are trespassing often have limited rights or no right to compensation. Most construction site injury or death claims are based on the concept of negligence. You may be entitled to compensation if your injury or your loved one’s death involved the following factors:

A personal injury claim is a legal action that allows someone who was injured by another party’s negligence or wrongdoing to seek compensation for damages. Injury claims are often used to pursue damages after a car accident but they may also follow slip and fall accidents, injuries caused by defective products, and other types of injury-causing incidents. An experienced personal injury lawyer is a valuable asset when bringing a personal injury claim.  

Demonstrating the Elements Needed to Prove Your Entitlement to Damages

To receive financial compensation for damages after an injury, you must establish four main points. First, the defendant, meaning the party against whom you are brining a claim, owed you a duty of care. This may the duty of a driver to drive a reasonable speed, the duty of a company to design a safe consumer product, the duty of a property owner to maintain a safe premises, or another type of duty. Next, you will need to show that the defendant failed to uphold this duty of care. Proving fault for an injury is often the most pivotal part of winning an injury claim. You will also need to show that the defendant’s breach of duty caused your injuries. Finally, you must demonstrate that you sustained damages as a result of your injuries. Damages are losses you suffered because of your injury such as medical expenses, lost wages, and property damage. Your attorney can help you demonstrate each of these elements. Your attorney may consult with medical experts, accident reconstructionists, or other professionals, gather evidence such as surveillance camera footage, review police reports, and find other sources of evidence to prove the required elements.

Advocating For Your Best Interests

Bringing an injury claim is a difficult legal undertaking. Your attorney can help you understand the legal options you have in front of you and choose the legal avenue that is the most likely to be successful. He or she can also ensure that your rights are protected throughout your case. Whether it is negotiating a settlement with the insurance company, communicating with the defendant’s legal team, or representing you in court, your lawyer’s job is to advocate for your best interests. When you retain a qualified personal injury attorney, you can rest assured that you have a strong support system who will see you though the entirety of your case.

Semi-trucks and other large trucks carry everything from building supplies to groceries across the country. It is safe to say that our modern way of life would be nearly impossible without the services that trucking companies and truck drivers provide. However, large trucks can also cause horrific traffic accidents. If you or a loved one were involved in a truck accident, you may be able to recover financial compensation for damages through a personal injury claim. However, before you can successfully recover compensation, you and your attorney will need to identify the cause of the accident and determine who is liable for your damages.

Loose, Shifting, or Fallen Truck Cargo

Rigorous safety policies regulate the way that truck cargo must be loaded and secured. Truck cargo that is inside of a trailer must be loaded in such a way that the weight is evenly distributed. The cargo must be properly secured so that it does not move around the trailer during transit. When cargo is not loaded and secured correctly, it can cause the truck to become off balanced and even tip over. Cargo that is improperly loaded on a flatbed truck may fall out of the truck and onto the road. Other vehicles may collide with the fallen cargo or generate another accident trying to avoid a collision.

Driver Fatigue and Distracted Driving

Truckers often have grueling work expectations. They must drive thousands of miles a week – often on little sleep. Truck drivers are required to take breaks per the Federal Motor Carrier Safety Administration’s Hours of Service rules and other legislation. However, some truck drivers do not take the mandatory rest breaks and falsify their logbooks to show breaks that never actually happened. Falling asleep at the wheel and drowsy driving can cause severe truck accidents. Distracted driving such as texting while driving is another common cause of truck accidents.

 Personal injury claims are used to pursue compensation for injuries caused by another party’s wrongful, reckless, or negligent actions. There are four main components to a successful personal injury claim. You and your attorney will need to show that you were owed a duty of care by the defendant, the defendant breached the duty, your injuries were caused by the defendant’s breach of duty, and you sustained damages. To prove each of these elements, you and your attorney may use a variety of techniques and resources. One of these resources is testimony from witnesses. Read on to learn about the different types of witnesses that may be involved in your personal injury claim and how they may help you demonstrate the elements needed to win your case.

Eyewitnesses to the Accident

Incident witnesses or lay witnesses are people who witness your accident happen. They may be used to confirm the series of events that took place and explain what happened from their perspective. Whether your injuries were caused in a car accident, slip and fall accident, dog attack, or another type of accident, eyewitness statements may be used to corroborate your testimony. Your lawyer can help you locate and obtain testimony from eyewitnesses.  

Expert Witnesses

Expert witnesses are individuals who are authorities in a particular field that offer insight and professional opinions about the facts of a case. Testimony from an expert witness can significantly strengthen your claim. Expert witnesses may provide testimony in court or they may serve as consulting experts who help clarify complex issues in your case. Some of the most common types of expert witnesses in Illinois personal injury claims include:

Intense winter weather is just around the corner in Illinois and that means that the potential for snow and ice-related injuries will be increasing significantly. If you or a loved one are injured in a slip and fall accident caused by snow or ice, you may wonder what the laws are regarding liability for snow and ice injuries. Are property owners legally required to remove snow and ice from their walkways and parking lots? Can residential property owners be held liable for failure to remove snow and ice? Understanding Illinois laws regarding liability for snow and ice injuries is key to knowing your rights after an injury caused by ice or snow.

Unnatural Accumulation of Snow and Ice

Illinois property owners cannot be expected to keep their properties completely free of snow and ice. It is simply impossible to keep up with harsh Illinois winters in this way. However, property owners are responsible for preventing avoidable injuries caused by “unnatural accumulation” of snow or ice. Put another way, property owners are not automatically liable for every injury caused by the accumulation of snow or ice. If a person’s injury is caused by snow or ice that naturally accumulated in an area because of the weather, the property may avoid liability. However, if the snow or ice accumulates unnaturally, the property owner may be liable for injuries caused by the unnatural accumulation. For example, a property owner may be liable for injuries caused by:

• Snow that was moved by snow shovels, snow plows, or snow blowers
• Melted snow that causes icy patches in places that ice would not naturally accumulate
• Ice created by water from roof edges, downspouts, or drainage systems
• Accumulation of ice in potholes or other parking lot defects

There is a fair amount of confusion and controversy about the duty of property owners to prevent injuries caused by snow and ice removal. Classifying snow and ice as either unnatural or natural accumulation and determining whether or not an injury was the result of the property owner’s negligence is challenging. This is one reason that it is crucial to work with a personal injury lawyer who is familiar with Illinois laws regarding snow and ice removal and property owner liability for snow and ice injuries.

Nursing homes should be places of refuge for elderly and disabled individuals. Residents deserve to receive appropriate medical care and be treated with respect and dignity. Sadly, many nursing home residents are victims of abuse and neglect. The abuse may come from staff, visitors to the facility, or even other residents. If you have a loved one in a nursing home or assisted care facility, it is important to learn about the signs of nursing home abuse.

Psychological Abuse

Some studies consider psychological abuse or emotional abuse to be the most common form of elder abuse in nursing homes. In one sad example, a 91-year-old Chicago nursing home resident was teased and taunted by staff. The staff filmed a video of themselves bullying the vulnerable woman and uploaded it to a social media app. Psychological abuse may take the form of threats, intimidation, bullying, or humiliation.

Physical Abuse

It is hard to believe anyone would intentionally injure a vulnerable nursing home resident, but physical abuse does happen in Illinois nursing homes and in nursing homes across the country. This abuse may be at the hands of staff or other residents. Hitting, pinching, grabbing, and kicking are all forms of physical abuse. Physical abuse can not only lead to physical injuries it can also leave lasting mental scars. Some signs that a resident is being physically abused include unexplained bruising and cuts as well changes in behavior or signs of fearfulness.

When a person is injured because of the reckless, negligent, or malicious actions of another party, the injured person has a right to bring a legal action against the at-fault party. Through a personal injury claim, the injured person may be awarded financial compensation or “damages” for their losses. Catastrophic injuries are injuries that dramatically impact a person’s life or result in permanent disability. Cases involving catastrophic injuries often result in much higher settlements and awards than cases involving injuries that are less severe.  

Catastrophic Injuries Significantly Affect a Victim’s Life

Traumatic brain injuries, spine injuries, severe burns, vital organ injuries, amputation injuries, and other catastrophic injuries have a profound impact on the victim’s life. If you or a loved one suffered a life-changing injury in a car accident, slip and fall accident, work accident, or other incident, you may be curious about your legal options. The injuries may have created an overwhelming financial burden on you and your family. Fortunately, you may be entitled to compensation for the damages sustained in the accident.

Financial Compensation You May Be Entitled to After a Catastrophic Injury

There are many factors that will influence the amount of compensation you or a loved one receive after a severe injury including the type of injuries sustained, how long it will take to recover from the injuries, and how the injuries affect the victim’s life. Damages in a catastrophic injury claim may include:

It is important to remember that dogs, while lovable and cute, are animals that may be capable of attacking someone. Dog bites can cause severe injuries that leave lasting physical and mental scars. These injuries can also incur considerable expenses. If you or a loved one were the victim of a dog attack, you may have questions about your legal options. You may wonder if the dog’s owner is responsible for your medical bills, lost income, or other costs caused by the attack.

Illinois Law Regarding Dog Bite Injuries

Some states follow a “one free bite” rule in dog attack cases. This means that an owner can avoid liability for injuries caused by his or her dog if he or she did not know that the dog was capable of biting someone. Once the dog has bitten someone, however, the owner may be held legally responsible if the dog bites again. Illinois is a “strict liability” state with regard to dog attacks which means that the “one free bite” rule does not apply. An Illinois owner is responsible for injuries caused in a dog attack when:

• The injuries were caused by his or her dog’s behavior including biting or knocking someone down
• The dog was not provoked
• The injured person was on public property or lawfully on private property when the attack occurred

Damages in a Dog Attack Claim

Dog attacks can lead to severe injuries including puncture wounds, lacerations, nerve damage, broken bones, traumatic brain injuries, and more. Dog attack injuries, especially injuries to the face, may lead to life-changing disfiguration. Dog attack victims may also develop post-traumatic stress disorder, phobias, anxiety, and other mental health issues because of the attack. If you or a loved one were hurt in a dog attack, a personal injury claim may enable you to recover financial compensation. You could be compensated for your:

The average Illinois resident has little to no experience with the Illinois legal system. When most people sustain a serious personal injury or lose a loved one in a wrongful death accident, they may be unsure of what the civil claims process even entails. If you are interested in bringing a civil claim for damages in Illinois, it is a good idea to educate yourself about legal procedures and rules that will likely be involved in your case. One issue that many people misunderstand when it comes to civil matters such as personal injury claims is the “burden of proof.”

Establishing the Defendant’s Negligence

A personal injury claim or wrongful death claim is a legal action in which a plaintiff seeks “damages” or financial compensation for the losses caused by the injury or death. The plaintiff’s losses may have been caused by the defendant’s intentional or malicious actions or the case may be founded upon the concept of negligence. To prove that a defendant was negligent, the following main points must be proven:

• The defendant had a “duty” or legal obligation to act a certain way. For example, drivers have a duty to obey traffic laws and drive responsibly.
• The defendant breached this duty. The breach of duty may be based on the defendant’s actions or inaction.
• The plaintiff’s injuries or the deceased person’s death was caused by the defendant’s breach of duty.
• The plaintiff experienced damages such as lost income, property damage, or medical bills as a result of the injuries or death.

Understanding the Burden of Proof in Illinois Personal Injury Cases

If you have ever watched a legal television show such as Law and Order, you may have heard the phrase “burden of proof.” The burden of proof in a legal case determines which party has the “burden” or responsibility of proving a particular claim and how much evidence will be needed to prove the claim. In a criminal case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt.” This means that the jury must be exceedingly certain of a defendant’s guilt.

If you are a parent of a child who was injured or who died during birth, you may be desperate for answers. Birth injuries typically include injuries that an infant suffers in utero, during labor and delivery, or shortly after being born. Minor birth injuries such as scrapes or bruises clear up in a few days and do not affect the infant long-term. Other birth injuries lead to life-long disabilities and medical complications. While some birth injuries are unavoidable, others are the direct result of medical negligence. When determining whether a birth injury was caused by the negligent or wrongful actions of a medical professional, courts use the “applicable standard of care.”

Medical Mistakes and Birth Injuries

Medical professionals are human. They make mistakes. However, physicians and other medical professionals are held to a very high standard when it comes to patient care. If a medical mistake is egregious or results in preventable harm to a patient, the mistake may not be excusable. Many parents of children who have suffered or passed away because of a birth injury wonder if the doctor or the medical facility at which their child was born is to blame. The answer to this question is often hard to determine. Medical malpractice attorneys gather evidence from a range of sources when investigating suspected or alleged malpractice. They often consult with medical experts to determine if a doctor or hospital’s conduct deviated from the norm.

Components of a Medical Malpractice Claim

There are four components to a medical malpractice claim:

One of the most common causes of truck accidents in the U.S. is fatigued truck drivers. Truckers are often expected to drive hundreds of miles a day and deal with a wildly inconsistent sleep schedule. Chronic sleep deprivation can have significant effects on a person’s ability to drive safely. Sleepiness can cause reduced reaction time, decreased awareness, and difficulty paying attention. It is estimated that being fatigued makes you three times more likely to be involved in a car accident. In fact, The National Safety Council states that driving 20 hours without sleeping is comparable to driving with a blood alcohol concentration of 0.08 percent. However, increased demand caused by the COVID-19 pandemic has prompted the FMCSA to modify the rules regulating truck driver hours of service.

Updates to Federal Motor Carrier Safety Administration Hours of Service

The Federal Motor Carrier Safety Administration (FMCSA) hours of service rules regulate how long commercial truck drivers may drive without taking a break to rest. Recent updates to these regulations include:

• The short-haul exception has been increased from 100 to 150 miles and drivers’ maximum on‑duty period has been increased to 14 hours.
• The 14-hour on-duty constraint has been extended by up to two hours in situations involving adverse driving conditions such as unusual traffic conditions, road problems, or heavy fog or snow.
• The required 30-minute rest break after eight hours of driving may now be satisfied by on-duty/non-driving rest periods.
• The mandatory 10-hour off-duty rest breaks may now be satisfied by rest periods of at least 8 consecutive hours in the sleeper berth and 2 consecutive hours in or out of the sleeper berth.

Advocacy Groups File Lawsuit Against FMCSA and Department of Transportation

Some people are concerned that the new hours of service rules may increase the prevalence of accidents caused by fatigued truck drivers. Several safety advocacy groups including Parents Against Tired Truckers and Citizens for Reliable and Safe Highways filed a lawsuit in which they requested reconsideration of the new hours of service rules. In a press release, representatives for the groups stated that the modifications will weaken hours of service regulations and increase the threat of fatigued drivers.

A slip and fall accident or trip and fall accident can cause painful injuries that require considerable medical treatment. Head injuries including traumatic brain injuries, back and spine injuries, broken bones, and other injuries caused in a fall may result in thousands of dollars of medical expenses and lost income. If you or a loved one were hurt in a fall accident caused by the negligent actions of a property owner or occupier, you may be interested in pursuing compensation through a premises liability claim. To successfully obtain compensation, you and your attorney will need to prove several facts.  

Establishing The Defendant’s Negligence

The party who brings an injury claim is the plaintiff or claimant, and the party who the claim is brought against is the defendant. The defendant in a slip and fall case may be the property owner or the party who managed or occupied the property on which the injury occurred. Most slip and fall injury claims are based on the assertion that the defendant did not keep the property reasonably safe for individuals who were lawfully on the property. Spilled liquids, fractured concrete, broken stairs, and faulty handrails are all examples of hazards that may lead to a slip and fall accident.

The presence of a potential injury-causing hazard on the property is typically not enough to prove that the defendant was negligent. You will also need to show that the defendant knew or should have known about the unsafe condition. The question of foreseeability often plays a major role in premises liability claims.

Car accidents are often caused by a complex combination of numerous factors. Drunk driving, distracted driving, poor road conditions, weather, and countless other issues may all contribute to serious auto accidents. If you or your loved one were injured in a car accident, you may be interested in bringing a personal injury claim against the liable party or parties and seeking compensation. However, in order to be successful, you will need to prove that the responsible party’s negligent or wrongful actions caused the accident and that you suffered damages as a result. In complex or multifaceted car accident cases, testimony from expert witnesses can be especially useful.

Establishing the Elements of a Negligence Claim

To win your car accident claim, you and your attorneys will need to establish four main points. First, you must show that the defendant, meaning the person against whom you are bringing the lawsuit, owed you a “duty of care.” All drivers owe a duty of care to drive in a safe, lawful manner. Secondly, you must show that the defendant breached this duty. The defendant may have neglected their duty of care by driving under the influence of alcohol or drugs, making erratic lane changes, failing to adequately secure truck cargo, or otherwise acting negligently. Next, you must demonstrate “causation” and show that the defendant’s breach of duty caused your injuries. Lastly, you must show that you suffered damages, or financial losses, as a result of your injuries.

Expert Witnesses Provide Testimony That May Bolster Your Case

There are many different ways that testimony from expert witnesses may be used to establish the elements needed to obtain compensation. Accident reconstructionists are professionals skilled in accident scene investigation and analysis. They use information from a variety of sources – including traffic signal phasing diagrams, event data recorders, and GPS tracking systems – to determine how an accident unfolded. They then use this information to recreate the accident and explain, in their own professional opinion, what they believe happened. Science and engineering experts may also weigh in how different factors contributed to the accident.

Auto accidents happen throughout Illinois and across the United States on a daily basis. Many of the individuals involved in those accidents are able to escape with relatively minor injuries such as small cuts and bruising. They do not require significant medical treatment and are able to continue on with their lives as usual soon after the accident. However, other car accident victims are left with severe, life-altering injuries. They must endure months or years of medical treatment and are never again able to live their lives the way they could before the accident. Because commercial trucks are so massive, collisions involving semi-trucks, flatbed trucks, and other large trucks often lead to these types of catastrophic injuries.

Truck Accident Injuries Can Leave a Person Permanently Disabled

Nearly 5,000 people died in large truck accidents in the U.S. in 2017. Because the risk of death is so great, many people who wake up in the hospital after being involved in a horrific truck accident are simply grateful to be alive. However, many of these victims soon realize that the road to recovery will be long and painful. Some victims must learn to cope after losing a hand, foot, arm, or leg in an amputation. Others are left with spinal injuries that cause partial or full paralysis. They may need multiple surgeries, months of inpatient hospitalization, and expensive physical therapy. They may also need to learn how to use a wheelchair or other assistive devices and modify their home to accommodate the device.

The physical effects of a catastrophic truck accident can be devastating, but the emotional and mental consequences are often even worse. Traumatic brain injuries can cause cognitive impairment, loss of motor function, and even personality changes. Being involved in a life-threatening accident can also lead to severe anxiety, depression, and post-traumatic stress disorder.

Pharmacological advances have made pregnancy, labor, and delivery safer and less painful than in decades past. Unfortunately, the risks associated with certain medications are not always fully understood. Improper use of medications can cause serious injury or even death to a mother or an infant. If a doctor or other medical professional’s negligence results in a preventable birth injury, the victim or the victim’s surviving loved ones may have a valid medical malpractice claim. Compensation for past medical bills, future medical care, pain and suffering, and other damages may be available.

Medication Mistakes That Often Lead to Medical Malpractice Claims

Any patient can suffer injury or death from mistakes involving medications or medical procedures; however, pregnant women are especially vulnerable to medical mistakes. The birth process is already very hard on a woman’s body. When doctors and other medical staff do not uphold their duty to provide competent medical care, they put the woman’s life and the life of her unborn child in danger. One of the most egregious types of medical negligence occurs when a pregnant woman is given the wrong type of medication. Doctors, nurses, or other staff may misread the medication label or otherwise become confused and administer the wrong drug. Another serious error occurs when a woman is given an inaccurate dose of a medication.  

Medication Errors Involving Pitocin

When labor is not progressing normally, an infant can be at risk of asphyxia and other dangerous conditions. Consequently, a doctor may choose to use medications to expedite the birth. A synthetic version of the hormone oxytocin is sometimes used to accelerate delivery despite the risks associated with this drug. This medication, often referred to by the brand names Pitocin and Syntocinon, makes the mother’s uterus contract. There is significant debate as to the effectiveness and safety of this medication. If Pitocin is administered incorrectly or at an excessive dose, the mother’s contractions may become too intense and cause a detached placenta or “placental abruption.” If the placenta becomes partially or fully separated from the uterus, the infant will be deprived of oxygen and nutrients. This could lead to fetal brain injuries, hypoxic ischemic encephalopathy (HIE), fetal stroke, stillbirth, and maternal hemorrhaging.

When a motorist drives under the influence of alcohol or drugs (DUI), drives while distracted, or is otherwise negligent, the driver jeopardizes the lives of everyone on the road, including innocent children. In 2017, nearly 700 children died in car accidents and almost 116,000 suffered injuries. If your child was hurt in a car accident, you may justifiably feel angry, confused, and overwhelmed. You may be unsure of the steps you should take to hold the negligent diver accountable for his or her actions. You may also have concerns about how you will pay for the costs incurred by your child’s injury.

Insurance Companies Are Often Quick to Offer Inadequate Settlements

Car accidents can leave lasting physical and mental scars. A child who is severely injured by the negligent actions of another driver may suffer painful, debilitating injuries that require months if not years of medical treatment. When anyone is injured in a car accident, they may assume that the responsible party’s insurance company will reimburse them for the damages incurred in the accident. Unfortunately, insurance companies often offer compensation that only covers part of the injured party’s damages. In many cases, a personal injury claim is the best way to obtain the full compensation you and your injured child deserve. Through a personal injury claim, you may be entitled to compensation for your child’s pain and suffering, mental anguish, medical expenses, disability, disfigurement, and more.

Doctors are required to complete rigorous degree programs and training before becoming licensed physicians. They learn about the signs and symptoms of countless medical conditions so they can diagnose these conditions and provide the necessary treatment. However, doctors are not always able to pinpoint the exact cause of a person’s health concerns. It may take dozens of diagnostic tests and procedures before the person has an accurate diagnosis. In some cases, doctors and specialists are not able to determine the cause of a patient’s symptoms. While not every diagnostic mistake is the result of negligence, there are some situations in which a doctor’s failure to make a timely and accurate diagnosis is considered medical malpractice.  

Doctors Have a Duty to Provide Reasonably Skilled Medical Care

Doctors and other medical professionals have a legal obligation to provide reasonably proficient medical treatment. They are not expected to be perfect, but they are expected to be competent. The question of whether or not a diagnostic mistake is flagrant enough to be considered malpractice is often very difficult to answer. Medical malpractice attorneys have a variety of tools and resources at their disposal that are used to investigate doctors’ actions and inaction and determine if malpractice occurred. To win a medical malpractice lawsuit, a medical malpractice attorney must prove that:

• A doctor-patient relationship was established.
• The doctor provided treatment that did not meet the medical standard of care
• The doctor’s failure to provide quality care caused the patient harm
• The patient suffered damages as a result of this harm

The standard of medical care is a hypothetical measuring stick used to determine if a doctor’s actions deviated from what a typical doctor of similar status would have done under similar circumstances. Expert testimony from respected medical professionals is often used during a medical malpractice lawsuit to shed light on the reasonableness of a doctor’s actions.