Can Doctors Be Sued For Prescribing A Defective Drug?

When someone gets injured due to a defective drug, the first thing that comes to mind is file a case and recover damages. This is a normal feeling. After all, according to the website of Karlin, Fleisher & Falkenberg, LLC, pharmaceuticals are supposed to be rigorously tested and verified as safe. When filing a product liability case, the first party that they would likely sue is the doctor or physician who prescribed the drug. But can the doctor be sued for prescribing a defective drug?

Giving a wrong prescription can be considered as medical malpractice and hence the doctor who made the prescription can be held liable for the harm or injury caused by prescribing the defective product. When prescribing medication, the doctor has the legal duty to assess:

  • The relative benefits and risks of the medication in relation to the overall health of the patient
  • The relationship of the prescription to other medications being taken by the patient
  • The medication’s known side effects

Prescribing medication is part of a doctor’s duty of care to their patients. When they deviate from the accepted medical standard and the patient gets injured, they can be liable for negligence. If the patient is able to prove that the doctor was negligent in the performance of their duty, they can be entitled to collect damages for the injury they incurred. They may also be able to collect punitive damages.

To be successful with your case, there are several things that you need to prove:

  • That you strictly followed the instructions provided to you
  • If your claim is based on a failure to warn theory, you must show that your doctor did not take the proper steps to warn you of any side effects
    or other complications
  • If your case centers on dispensing error, you must prove that the medicine given to you by the pharmacist was different from the medicine prescribed by your doctor in type and/or dosage
  • If your lawsuit is on wrongful administration of the medication, you need to establish that the medication was administered improperly or injected the wrong medication

You will need the testimony of experts to show a relationship between the error and the injury you incurred. Finally, you need to prove that you suffered damages that are qualified for compensation.

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Coping with Spinal Cord Injury

The spinal cord is one of the most vital parts of the body. It serves as the link between the brain and the nerves in the rest of the body. The spinal cord is also responsible for facilitating and supporting movement. When in motion, it transmits messages from the brain down to the spinal cord and back. It helps the brain feel sensations and also aids in controlling blood pressure, heart rate, and body temperature. When the spinal cord is damaged, messages cannot be transmitted from the brain to the rest of the body and back.

What causes Spinal Cord Injuries?

The World Health Organization (WHO) defines a spinal cord injury (SCI) as damage to the spinal cord due to trauma such as a car crash or from disease or degeneration. According to the NSCISC, motor vehicle accidents represent 36.6% of spinal cord injuries since 2010. Next major contributor of SCI is falls, which is responsible for 28.5 percent of injuries.

According to the website of The Benton Law Firm, approximately 200,000 people across the United States suffer from spinal cord impairment with 12,000 to 24,000 added to the list every year. SCI results from a sudden blow to the spine resulting to fractures or dislocation of the vertebrae. The symptoms of spinal cord injury is dependent on the severity of the damage and its location. The most severe damage can affect bowel movement, bladder control, breathing, heart rate, and blood pressure.

Life After The Injury

People with a spinal cord injury are two to five times more likely to have premature death compared to those without spinal cord injury. Diseases such as arthritis, cancer, inflammation, infection, or degeneration of spinal discs can also cause spinal cord injury. Depending on how severe the damage is, the patient can fully recover or become completely paralyzed.

Spinal cord injuries can either be complete, characterized by loss of all movement and sensation below the level of the injury, or incomplete, wherein some residual movement and sensation remains. Persons who are suffering from SCI becomes highly dependent on caregivers. They rely on assistive care in order to facilitate movement, communication, self-care, or domestic activities.

Approximately 20 – 30% of people suffering from spinal cord injury may show signs of depression, which can have negative impact on any improvement in functioning and overall health. SCI is often associated with a decreased rate of school enrollment and economic participation. Among children with SCI, they are less likely to begin schooling and once enrolled, are less likely to advancer. In adults, they are likely to face barriers to economic participation with a worldwide unemployment rate of over 60%.

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Industrial Accidents

No matter the type of workplace an individual may be employed in, safety should be among his or her top concerns. This same concern was what brought the US Congress in passing the work Occupational Safety and Health Act (OSH Act) in 1970 with the goal of making certain that all employers (of personal and government businesses) supply their workers using a working environment that is free of recognized perils, like extreme rates of noise, heat stress or cold anxiety, contact with poisonous compounds, physical dangers, and all forms of unclean conditions.

In a regular office environment, steps that may see to it that the security and health of employees may be an easy task to observe; with regard to professional working environments, such as construction sites, oil rigs, energy or nuclear plants, manufacturing businesses, factories, generators, mining areas, and so forth, the meaning of ‘independence from danger’ (or even the phrase ‘danger’ itself) will need to remove from a higher degree of platform.

The U.S. Bureau of Labor data records around 3 thousand injuries every year, all including commercial workers. These injuries are usually brought on by damaged or hazardous scaffoldings, coverage to harmful compounds, contact with heavy machinery, malfunctioning heavy-equipment, being hit by dropping resources or items, falling off from a high operating location, slip and fall, and so forth.

An industrial accident may leave a worker having a life-changing trauma that can cause a financial situation that is crippling for him or her and (his or her) family. As stated on the website of the Milwaukee personal injury lawyers at Habush Habush & Rottier S.C., these injuries that are long-lasting might have lifelong effects which are very expensive both socially and financially.

Besides traumas, a fatal persistent illness can be also caused by professional work, notably in those who are regularly subjected to substances that are hazardous. Workers, whose share of publicity to hazardous chemicals is on a daily basis, ought to take note of the Hazard Communication Standard (HCS). This legislation, which can be also known as the Right-to-Understand law or Worker Right-to-Understand Legislation, gives the right to be educated regarding the hazards they may be exposed to as well as how they could safeguard themselves from such risks to workers.

Industrial work is one of the most hazardous jobs in the U.S. Among the many types of injuries that it has triggered are second or third degree burn up, fractured or damaged throat, broken bones, acute cut and/or bruising, hemorrhage, suffocation, brain damage, back injury, paraplegia or particular paralysis, as well as /or quadriplegia or complete paralysis; in some worst case, industrial accidents also have led to the amputation of limbs or death of casualties.

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Why Would I Need SR-22 Insurance?

It can be difficult, especially in this day age, to not have your own private vehicle – it can be even more difficult, unfortunately, to not be allowed to drive your own vehicle due to something that happened in the past. Accidents and incidents on the road are, unfortunately, not quite all that uncommon and so situations wherein SR-22 insurance has been required are pretty well known.

First of all, SR-22 insurance isn’t even technically a type of insurance policy in the first place. No, it is more certification that you can get from an insurance provider that states that you are, in fact, insured – as is your vehicle. This type of documentation is necessary for drivers who have had their licenses temporarily confiscated or if they need their licenses reinstated, following an incident. These incidents are usually ones involving driving under the influence (DUI) though it is not limited to those kinds of situations alone.

As stated before, there can be some difficulty in acquiring this documentation as there are quite a lot of insurance companies that can be wary of a driver that doesn’t have a squeaky clean history while on the road. However, what needs to be understood in this same day and age is that not everything is always quite as easy as black and white.

If you or someone you know is possibly looking into SR-22 insurance, it may be the best thing to consider the possibility of acquiring professional and experienced help in matters of this nature. Having this certification can ease a lot of stress and allow for you to get your life back together after the incident that made you need this documentation in the first place.

SR-22 insurance needs only last for, at most, 2-3 years if the person in question has spent those years without incident while on the road.

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Cancer Does not Discriminate

Taylor Swift rocked the world in 2014 with her newest all-pop album, 1989. Interviews and shows and shows just kept coming for the singer and in that same Christmas, she even went out of her way to send various handpicked care packages to several unsuspecting fans with whom she had been interacting with through various forms of social media. For a while, she was taking over the world with one catchy tune at a time – all until a single strip of news managed to rock her right back to her core: her mother, with whom Swift has had a close relationship with all her life, was diagnosed with cancer.

The details of Andrea Swift’s cancer have been kept consciously private but the news has devastated the singer, her family, and her friends. All of this just goes to show that cancer can touch the lives of just about anybody – it doesn’t matter whether you’re at the top of your game or at the lowest of the low.

Cancer is not prejudicial – it simply wants to live. Only time will tell if Swift and her family can get out of the woods on this one but the same can be said for any family or individual in the world today – early detection can mean treatment for total evisceration of the disease or only for the expectancy of the life to be prolonged. There are some cancers, however, that are malignant enough that can be deadly upon detection – and could have been growing for years and years before anyone saw anything coming.

Such is the case of those diagnosed with a rare form of cancer called mesothelioma, a cancer caused by exposure to asbestos. By far, it is this disease that is the most dangerous of all side effects of asbestos. There is no cure for this kind of cancer and it is nefariously insidious in its infection.

According to the website of mesothelioma lawyers Williams Kherkher, expenses for treating this kind of disease can cost a lot. There are immediate procedures as well as medication that are necessary upon detection of the disease; a lot of these expenses are not readily available for everyone. That is why it is so important to investigate whereupon the asbestos exposure had originated and hold the responsible party as accountable for the damage that their negligent actions have caused upon an innocent, unsuspecting victim.

If you or someone you know has been diagnosed with mesothelioma due to asbestos exposure, it is recommended that legal aid is contacted at once in order to know the possible options that are available to you right then.

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Understanding Child Abuse and Neglect

Child abuse and neglect is the maltreatment of a child or children of physical, emotional, or sexual nature. According to the definition from the Centers for Disease control and Prevention as well as the Department for Children and Families, child abuse or child maltreatment in any act or a succession of acts, either through commission or omission, of the child’s parent or caregiver which would result in injury, the potential for injury, or the threat of injury to the child. Until recently, children have very little rights when it comes to protection against abuse, and many of the already existing laws are often obscure and excessively broad that many are still not fully aware what neglect and abuse really mean.

Although there is strong evidence to show that abused children tend to become abusive parents, many of these actions are often done unconsciously, since they have grown to believe that the abuse is a normal part of their life. There are, however, many adults who survived abusive childhood have grown to be excellent parents, and protects their children from the abuse that they themselves have gone through. The website of Marshall & Taylor, PLLC, says that child abuse and neglect can occur to any and all types of family, even those that seem to appear to have harmonious family relationships. It is therefore important for everyone to be aware of the warning signs of child abuse and neglect in order to alert authorities and protect the child from harm.

Aside from the common physical signs of abuse in children, such as bruises, scars, and cuts, there are other warning signs that can point out abuse or neglect. Bad hygiene, exhibiting extreme behaviors, having STD or pregnancy before the age of 14, suffering from untreated illness or injuries, and running away from home are among the most common signs of abuse and neglect in children. The sooner the abuse and neglect is reported, the better the child’s chance to recover and get immediate treatment.

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