You’ve Been Injured. What Next?
Personal injury cases are based on the premise that someone was injured by the act of another person or entity. If you find yourself in this unfortunate situation, you should seek out a top personal injury attorney who can fight for you and your rights. Since these cases are not necessarily clear cut, it is rarely advisable for you to go this alone.
When pursuing your personal injury case, the first thing on your list should be finding a good attorney. Even after you have narrowed down your choices, you still need to do a little research in order to make sure that he or she will be the right fit for you. This means looking for reviews from other clients, complaints, and even pending lawsuits that may have been filed. The Better Business Bureau is a great place to find this kind of information.
The Face to Face Meeting
You will next want to set a meeting with your attorney. Here, you will discuss the details of your case to determine if you do, in fact, have a viable claim. This is when your attorney will instruct you on what can be expected through each step of the process. This is also the time that your attorney will instruct you as to what will be expected of you. This will include any information you may have, the facts of your case, contacts who can help to verify your case, and any other information pertinent to your claim. The defendant’s attorney will also be contacting your attorney to swap information material to the case.
What Constitutes Medical Malpractice?
When a physician deviates from the applicable standards of care that other physicians would exercise under the same circumstances, this is potentially a case of medical malpractice. To succeed with such a claim in court, a plaintiff must prove breach of the standard of care (a mistake that a prudent and reasonable doctor wouldn’t have made under the same circumstances), causation (proof that the injury wouldn’t have occurred or have been as serious if it wasn’t for the doctor’s mistake), and damages (in the form of lost wages, medical bills, agony, mental suffering or death).
Demonstrating proof of malpractice almost always requires the testimony of an expert witness in the same field of practice as the alleged negligent health care worker. In addition to bringing action against a negligent doctor in such a case, through the doctrine of vicarious liability, claims can also be brought against hospitals, nurses, and any other health care professionals who may have had a part in the negligence.
Annually, thousands of patients are injured, and even die, due to complications and negligence that result from errors in treatment.These may include medication errors, surgical malpractice, bacterial infections, birth injury, dental malpractice, errors in diagnosis, wrong site surgery, gastric bypass errors, breast implant complications, emergency room mistakes, elder abuse, nursing home neglect, and a variety of consequences resulting from pharmaceutical mishap.
An article in The Baltimore Sun says that a new study from a Johns Hopkins researcher reveals that Chantix, an anti-smoking drug, significantly increases the risk of suffering a heart attack and other serious heart problems. The study showed that the risk of heart problems increased 72 percent for healthy, middle-aged smokers. Dr. Sonal Singh, the leading researcher in the study, estimates that there have been 62,000 serious cardiac events in the U.S. that can be linked to the use of Chantix. Dr. Singh is urging the Food and Drug Administration (FDA) to put stronger warnings on the drug. “People want to quit smoking to reduce the risk of cardiovascular disease, but in this case they’re taking a drug that increases the risk for the very problems they’re trying to avoid,” said Dr. Singh.
According to the study, the risk is much higher than the FDA has previously indicated. The FDA has said that use of the drug carries a small increase in cardiovascular problems, a claim based on a study of 700 smokers who already had heart disease. FDA officials have responded to the new research by saying that more analysis is necessary before the FDA would be willing to change its position. The organization has also asked Pfizer, the maker of Chantix, to review the Dr. Singh’s data and conduct its own study.
Pharmaceutical companies have a responsibility to study the effects of their drugs and warn consumers of any dangers. When they fail to do so, they must be held accountable for the damages they cause. At the Mandell Law Firm our San Fernando Valley drug injury attorneys can help you get compensation you may be entitled to if you or a loved one has been injured by a dangerous drug. Call our law offices today at (818) 886-6600 for a free consultation.