Understanding the Basics of Personal Injury Claims: A Guide for Victims

What Is It Called When You Give the Wrong Medication to a Patient? When a healthcare provider administers or prescribes the wrong medication to a patient, it is known as a medication error or prescription misfill. These errors can occur for various reasons, including incorrect dosage, miscommunication, or dispensing errors. Is Medication Error Negligence or Malpractice? Medication errors can constitute both negligence and medical malpractice, depending on the circumstances. Usually, these claims must be brought as medical malpractice suits, which means the injured person must prove a healthcare provider breached the standard of care expected in their profession, leading to harm or injury to the patient. In Missouri, proving medical malpractice requires demonstrating four key elements: duty of care, breach of duty, causation, and damages. A prescription misfill that results in harm to the patient may meet these criteria and be grounds for a medical malpractice lawsuit. Medical malpractice involving medication errors is a serious issue that requires understanding your rights and taking appropriate action. Below are some common questions regarding prescription misfills and medical malpractice. We hope that by answering these questions we are empowering you to protect your health and seek justice when needed. Can You Sue for Being Given the Wrong Medication? Absolutely. If you’ve been given the wrong medication and suffered harm as a result, you may have grounds for a medical malpractice lawsuit. Healthcare providers have a duty to provide competent care, which includes prescribing and administering the correct medications. When this duty is breached, resulting in injury or adverse effects, patients have the right to pursue compensation for damages through legal action. What to Do If You Were Prescribed the Wrong Medication? If you suspect that you’ve been prescribed the wrong medication, it’s essential to take immediate steps to protect your health and legal rights: Seek Medical Attention: First and foremost, prioritize your health. Consult with a healthcare professional to assess any potential harm caused by the incorrect medication. Your well-being is paramount. Document Everything: Keep detailed records of the medication you were prescribed, the medication you received, any adverse reactions experienced, and conversations with healthcare providers regarding the error. Documentation will be crucial if you decide to pursue a medical malpractice claim. Consult a Personal Injury Lawyer: Reach out to a reputable personal injury lawyer in St. Louis who specializes in medical malpractice cases. They can evaluate the circumstances surrounding the prescription misfill, advise you on your legal options, and guide you through the process of seeking compensation. Know Your Rights: Familiarize yourself with your rights as a patient in Missouri. You have the right to receive competent medical care and to hold negligent healthcare providers accountable for their actions. How Often do Medication Errors Really Occur? More frequently than people might think. And enough that the New York Times has reported extensively on medication errors at places like CVS and Walgreens. Some pharmacies are severely understaffed. And some expect a level of productivity that very few workers can meet. When people working at pharmacies don’t have help and are filling too many prescriptions, big mistakes are made. Here is a link to one of many New York Times Articles about the problem and the damage caused by it.  How Chaos at Chain Pharmacies Is Putting Patients at Risk – The New York Times (nytimes.com) 

Introduction Medical malpractice is a serious concern for patients in St. Louis, Missouri, where seeking medical care is a fundamental aspect of maintaining health and well-being. While healthcare providers are expected to adhere to high standards of care, instances of medical malpractice can and do occur, leading to significant harm for patients. Recognizing the signs of medical malpractice and understanding how to protect your rights as a patient is crucial for ensuring accountability and seeking justice. In this blog post, we’ll delve into what constitutes medical malpractice, how to recognize it, and the steps you can take to safeguard yourself as a patient in St. Louis. Understanding Medical Malpractice Medical malpractice occurs when a healthcare provider fails to provide treatment that meets the accepted standard of care, resulting in harm to the patient. This can encompass a wide range of errors, including surgical mistakes, misdiagnoses, medication errors, birth injuries, and much more. It’s important to note that not all negative outcomes in healthcare constitute malpractice, but when there’s a deviation from the standard of care leading to harm, legal action may be warranted. Recognizing Medical Malpractice Identifying medical malpractice can be challenging, especially for patients without a medical background. However, there are common signs that may indicate malpractice: Unusual Complications: If you experience unexpected complications following a medical procedure or treatment, it’s essential to question whether proper protocols were followed. Misdiagnosis or Delayed Diagnosis: Errors in diagnosis can have serious consequences, delaying necessary treatment or leading to unnecessary procedures. If you feel your condition was misdiagnosed or diagnosed late, it’s worth investigating further. Lack of Informed Consent: Patients have the right to make informed decisions about their healthcare. If you were not adequately informed about the risks and alternatives of a treatment or procedure, it could be a sign of malpractice. Medication Errors: Administering the wrong medication or dosage can have severe consequences. If you experience unexpected reactions to medication, it’s important to explore whether an error occurred.   What to Do in the Event of Possible Malpractice  If you suspect you’ve been a victim of medical malpractice, it’s crucial to take immediate action to protect your rights. Here are steps you can take: Document Everything: Keep detailed records of your medical history, including diagnoses, treatments, prescriptions, and any communication with healthcare providers. Consult with a Personal Injury Attorney: Seek legal advice from an experienced personal injury attorney who specializes in medical malpractice cases. They can evaluate your situation, explain your rights, and guide you through the legal process. File a Complaint: Consider filing a complaint with the appropriate regulatory bodies, such as the Missouri Board of Registration for the Healing Arts or other relevant agencies. This can help bring attention to the issue and prevent similar incidents in the future. Act Promptly: Statutes of limitations apply to medical malpractice cases, so it’s important not to delay seeking legal assistance. The sooner you take action, the better chance you have of protecting your rights and obtaining compensation for your injuries.   What is the Statute of Limitations on Medical Malpractice Cases? Patients have a limited amount of time in which to file a complaint in Court against a healthcare provider. The length of time will vary from one jurisdication to another. In MIssouri and Illinois, the general rules is that a patient has two years after the alleged malpractice in which to file a medical malpractice claims. However, there are nuances to those rules, including a continuing care exception, a foreign body exception, and with regard to cases involving malpractice in the care of a child under the age of 18. Additionally, Missouri wrongful death cases that result from medical malpractice have a 3-year statute of limitations, one year longer than a medical malpractice case that does not involve death.  What are Damage Caps? The Missouri legislature aggressively campaigned for tort reform over the course of several decades. At one point, the Missouri Supreme Court ruled that a cap on non-economic damages was unconstitutional. As an end-run around this Court ruling, the legislature re-wrote the law on medical malpractice cases. There is now a cap on non-economic damages in Missouri medical malpractice cases. That amount increases every year by statute, 538.210.8. Specifics are available on the department of insurance website, insurance.mo.gov/industry/medmal.php.  For 2023, the cap on non-economic damages for “catastrophic injuries” is $801,061. R.S.Mo. Section 538.205 defines “catastrophic injuries” to include an injury resulting in quadrplegia, paraplegia, the loss of two or more limbs, significant and permanent cognitive impairment, irreversible failure of a major organ, or significant loss of vision. All other injuries are considered “non-catastrophic.” And for 2023, the cap on non-economic damages for “non-catastrophic” injuries is $457,749. Medical malpractice is a serious issue that can have profound effects on patients and their families. By knowing how to recognize and respond to medical malpractice, you can protect your rights and seek justice. If you’ve been harmed by medical malpractice in St. Louis, Missouri, don’t hesitate to seek legal assistance. Our experienced personal injury team is here to help you navigate the complexities of medical malpractice law and fight for the compensation you deserve. Together, we can work towards holding negligent healthcare providers accountable and ensuring that you receive the justice and closure you need to move forward.                      

We have been handling personal injury cases for years. Over the years, we have come across a number of ideas that for, one reason, or another, are simply not accurate about these types of cases and this area of law. Here are just a few of those many misconceptions: 1. You can handle a Personal Injury Claim Alone: REALITY: Personal injury law is complex, and having an experienced attorney can significantly enhance your chances of success. 2. Insurance Will Cover All Expenses: REALITY: Insurance companies may resist paying certain costs, and negotiations are often necessary to ensure fair compensation. 3. You Must File a Lawsuit Immediately: REALITY: Some cases have successful resolution without a lawsuit. There’s a statute of limitations, but it varies by jurisdiction. Consult with an attorney to understand the specific timeframes. 4. Filing a Claim Is Expensive: REALITY: Many personal injury attorneys like Kevin Etzkorn Law work on a contingency fee basis, meaning they only get paid if you receive compensation. We require no out of pocket costs! 5. Medical Treatment Can Wait: REALITY: Prompt medical attention is crucial for your health and strengthens your claim by documenting injuries. 6. Personal Injury Cases Are Quick: REALITY: A personal injury case takes anywhere for a few weeks to several years depending on the case.