What is a MEDICATION ERROR?
Modern medicine is nothing short of a miracle. We live much longer than we did before, and staying much healthier for much longer. Since 1900 the average life expectancy around the world was 30, but now in 2019 that has since doubled. A big part of the boost in human life is due to prescription medications providing treatment for many conditions, alleviate intolerable pain, and promote even faster recovery than before. We hold our trust to these vaccines, but most importantly, to the Doctors that treat us. They provide us with the proper diagnosis of our illness, the right medication to solve these illnesses, and the adequate dosage.
It’s sad to say that errors can be made at the doctor’s office and at the pharmacy, but they can, and do happen. These kinds of errors can cost you your well-being, for taking the wrong medication can cause your body’s internal balance to be thrown off and lead to several medical complications.
If this happens, it’s imperative that you get legal representation. While it may not be the Medical Malpractice case is typically seen on the fake cases on screen, with Multi-Million Dollar Lawsuits and massive expectations, you can still receive compensation if the right Medical Malpractice requisites are met.
What are the requirements to file a Medical Malpractice Case?
A plaintiff must meet certain elements before they can proceed with their case here in the State of Nevada.
In order to prove your case you require an assertion of negligence; a sworn affidavit from a qualified expert medical witness; a mandatory settlement conference; evidence of causation; the statute of limitations; and then the damages limitation.
While we understand that Hospitals, Medical Practices, and Pharmacies are extremely busy nowadays, commonly over-taxed and hectic at times, this does not allow the administration of incorrect medicine, malpractice, or a mix-up of similar drug names to be acceptable. Dosage errors on the part of the doctor or pharmacist administering said medication could also cause damage to an individual.
Professionals should keep updated on the notices from the FDA about interactions and warnings about certain medicines, or if the medication could cause an allergic reaction within the patient. Failure to do so is negligent and can prove to be fatal in some cases.
Are there limits you can Win?
While many think that having a case in Medical Malpractice could lead to massive, Multi-Million Dollar compensation, this is simply not how it works. There are limits to what can be given and all the elements of Medical Malpractice must be met, apart from time limits set.
Nevada has a very strict statute of limitations on how much time can pass before you can file your lawsuit. If you take action for injury or death due to a practitioner, it cannot start more than 3 years after the date of injury or a year after the plaintiff discovers, or should have discovered, the injury. Whichever occurs first. There is one exception, however. That is, If the practitioner concealed an act, error, or omission.
If you decide to sue after the statute of limitations passed, then the most probable result is that your case will be dismissed.
Are there compensation Limits?
The State of Nevada holds a $350,000 cap on all damages relating to pain and suffering in any medical malpractice case. This is due to Tam v. 8th Judicial District Court of Nevada, in which people of the state of Nevada voted to approve medical malpractice damages cap in 2004.
Nevada law puts a limit on punitive damages to $300,000 if the compensatory damages total $100,000 or less. Alternatively, 3 times the amount of compensatory damages if they are a total of 100,000 or a greater amount.
The main theory behind the case is that capping the malpractice damage could improve healthcare overall by giving doctors a shield against fears of Defensive suits and costs. The disadvantage is that anyone that can still physically work properly despite injury, cannot receive compensation since there is no loss of earnings.
Patients benefit because doctors are not alarmed into ordering unnecessary tests and procedures merely to protect themselves. But those same limits may keep patients from properly pursuing deserved justice.
Get in Contact with a Las Vegas Medical Malpractice attorney!
All in all, it is very important that you keep communication with your doctor and pharmacist about your medications to make sure you are taking the proper dosage. If you end up having errors due to the fault of a doctor or pharmacist, you will need to find a knowledgeable attorney who can properly represent you and your case. The outstanding Attorneys at Breeden Malpractice and Injury Law will provide you with the highest possible grade of attention to you. They have been handling cases of errors due to medication and drugs all throughout the State of Nevada for many years.
Get the right type of legal representation, and right the wrongs dealt with you now. Get in contact with the bright Medical Malpractice attorneys at Breeden Malpractice Injury Law for your Las Vegas Medication Errors.
Company Name: Breeden Mapractrice and Injury Law
Contact Person: Adam Breeden
Email: Send Email
Phone: (702) 819-7770
Address:376 E. Warm Springs Rd., Suite 120
City: Las Vegas
Country: United States