Dental Malpractice
Attorney Discusses Dental Malpractice
When most people hear the term “medical malpractice” they immediately think of accidents that involve doctors or surgeons. While these medical professionals indeed do account for many medical malpractice cases, they certainly still only account for a portion of all the cases initiated each year.
Negligent dentists can also be sued for causing injuries to their patients. In fact, not only can a dentist be held liable but so can any person working in a dentist’s office who shares liability for causing a patient injury. This can include the dental hygienist, dental assistant, anesthesiologist, oral surgeon, or pharmacist, basically, anyone responsible for causing harm to you or to a loved one.
The attorneys at our Law Office have had over two decades litigating medical malpractice cases. We have written this brief article to review for you the basics of dental malpractice law and to discuss your legal rights.
What Are the Main Causes of Dental Malpractice?
While there are a wide variety of reasons that may cause dental malpractice, here is a list of some of the more common ones:
The correct treatment is not provided by the dentist in a fast enough time.
A dental professional incorrectly diagnoses a medical condition.
A necessary follow-up exam is not provided.
Errors are made in prescribing medications.
If these or other types of errors have occurred and injuries have consequently resulted, a dental malpractice lawsuit may be filed against the negligent parties. Because there may be more, less obvious causes for a dental accident and because these cases are technically complicated and full of medical jargon, it is wise for a victim to contact an experienced attorney, such as the lawyers at our Law Office. We have the experience and the knowledge to overcome the many challenges present in these types of cases.
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How To Prove a Dental Malpractice Lawsuit
In order to win a dental malpractice case, you must be able to prove that four different events occurred.
The defendant violated a legal duty that was owed to the plaintiff. To put this more simply, the dentist owed you the legal duty not to cause you any harm. He or she then violated that legal duty by causing you an injury.
The defendant did not live up to a reasonable standard of care in his treatment plan. This standard of care is established by other similar medical professionals. In this case by other dentists engaged in similar types of dental practice.
Your injury was directly caused by the negligence of the defendant.
Your injury resulted in damages. Damages may include medical or dental bills, lost wages because of hospitalization or inability to work, loss of future potential earnings, and compensation for pain and suffering. In other words, let’s say that a dentist broke your jaw during a standard procedure. The injury would be the broken jaw, while the damages would be the financial losses that you incurred because of that broken jaw.
Expert Testimony for your Case
Since dental malpractice cases involve so much complicated technical and medical issues and terminology, there is often a need to bring in what is referred to as “expert medical witnesses.” These are dental professionals with outstanding credentials and resumes who can testify on your behalf and who can explain the cause and type of injuries that you suffered in clear, easy-to-understand language to the judge and the jury. It can be, however, very difficult for some law firms to locate and procure these types of witnesses; many times a dental professional will be reluctant to testify against another dental professional. The attorneys at our Law Office have been litigating these types of cases for over two decades and we have built up excellent relationships during that time with dental expert witnesses throughout Texas.
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Tort Reform and Medical Malpractice Lawsuits
Recent legislative changes have made things even more difficult for those injured by a dentist to receive fair compensation for their injuries. Ostensibly passed in order to protect doctors and dentists from frivolous lawsuits, these tort reforms have raised the standard of proof very high. If one piece of corroborative evidence is missing in a case, or if the new procedures are not followed exactly, there is a good chance that the case will simply be tossed out. This is no arena for the novice lawyer let alone for a non-attorney even thinking of attempting self-representation. In fact, many law firms consequently will not even take on these complex cases today. The attorneys at our Law Office are different. Our Law Firm believes that anyone who has been injured because of dental malpractice deserves to seek fair and full compensation from those liable for the injuries. We know how to procure expert witness testimony and we know our way around all the new tort reforms. Put our knowledge and expertise to work for you!
How We Can Help You
The attorneys at our Law Office have been successfully litigating dental malpractice lawsuits for over 20 years. During that period of time, we have won millions of dollars for our Texas clients from major insurers nationally. These huge insurance companies are only too well aware of our outstanding reputation and today are often eager to seek to settle out of court rather than face our aggressive and tenacious attorneys in front of a jury. This can be beneficial to you since it will cut down the amount of time that you will be involved in the whole legal process and also can mean receiving your settlement more rapidly. This, in turn, will allow you to return to your regular way of life more rapidly.
If you or a family member has been injured in a dental accident contact the attorneys at our Law Office toll-free. We are pleased to offer a free consultation and we are available 24 hours a day. We look forward to discussing your case with you and to answering all of your questions.
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Nursing Home Abuse Attorney
Need An Attorney Experienced in Nursing Home Abuse?
As Americans start to age, some of them have health issues that keep them from being able to care for themselves or do the normal activities of an independent adult. These real-life issues, coupled with the fact that more American citizens are joining the ranks of senior citizens are the reason that the population of nursing home residents has exploded.
These days, moms and dads both must work outside of the home to make ends meet. So there is nobody available to stay home and take care of aging or ailing family members. Nearly everyone has a family member who has lived in a nursing home or is a resident of a nursing home right now. As much as we would like to think that the nursing home staff members treat our loved ones with kindness and patience, the reality is that nursing home abuse is a major problem in America so much so that there have been congressional hearings on the subject.
If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys. Call us for a free consultation. Traditionally elderly family members received care from their adult children and other members of the family. As married couples spent more time away from home working, nursing homes and daycare centers for adults and children who were unable to stay alone became a necessary part of society. As the cost of living goes up, some senior Americans don’t have enough money to cover their cost of living expenses plus their cost of the medicine that so many of them in this age range must take. So many senior citizens have had to give up their large homes and independent living to move into nursing care centers where they can receive medical care and the personal attention they deserve.
Advancements in medicine and in the healthcare industry have made it so that senior citizens are living longer and that’s why owning nursing home centers has become one of the most lucrative residential properties in the real estate business today. As profitable as this kind of business can be, some people only view the residents as dollar signs and potential paychecks rather than human beings who need extra care and patience.
For the elderly people who find themselves added to these numbers annually as they become nursing home residents, it doesn’t take them long before they realize their new environment is not as they envisioned. ‘Home’ should be a nurturing and peaceful environment. But statistics show that some nursing home residents endure mental or physical abuse because they are at the mercy of cruel healthcare workers. If you have reason to believe that your family member or friend is the victim of nursing home abuse, contact our nursing home abuse attorneys for a free consultation.
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When nursing homes became popular some forty years ago, they were not state-regulated and prospective employees were not screened. As more senior Americans started to move into the nursing homes and abuse became a problem, more guidelines were put in place to address the issue. When applying for employment at nursing homes prospective employees were not required to have any formal training. Now, some forty years later prospective employees must go through a broad criminal and employment background check before they are allowed to start working. In the beginning, a drug test was just a visual inspection of how a person looked. Now drug tests are completed by medical personnel and the list of drugs tested for is extensive. Nursing home employers now put so much emphasis on drug tests because some believe that employees misbehave or mistreat their clientele because the employees are using drugs that alter their judgment. Also, resumes help to hire managers to make better decisions on who will be a part of their staff so their elderly residents are more likely to receive adequate care.
As senior citizens continue to age they become less independent, more vulnerable, and less confident in their decision-making. Their diminished capacity coupled with the overbearing behavior of the staff has subjected them to the demoralizing actions of nursing home workers on a regular basis. Some of the mistreatment includes slapping, pinching, being heavy-handed while grooming the patient’s hair, taking pictures of the patients in compromising positions and ignoring patients’ requests for help using the bathroom. Some residents have even reported that they were raped by nursing home caregivers.
The fact that elderly family members must live away from the family is the source of contention for many, especially since nobody can be sure how their loved one is being treated when they are not present. But here are some suggestions that will decrease the chance that your elderly family members will be victimized:
Relatives should make unannounced daily and weekly visits at various times.
If you can not make personal visits, be sure to make impromptu telephone calls.
Reassure the senior family member of your whereabouts and contact information in case they need help in an emergency.
Introduce yourself to nursing home staffers so they know you and other family members are concerned about the safety and happiness of your loved one.
If staff members know you and other family members are monitoring what happens to your loved one, they are more likely to treat that person with care and respect and less likely to act negligent or abusive. The nursing care industry also has worked to teach healthcare staffers proper techniques and more appropriate ways to care for infirmed senior citizens. That has added to the growing number of reliable nursing home employees working in the United States who are great at performing their jobs. Some of them even have earned degrees as Certified Nursing Assistants. Sadly though, some staffers have a history of domestic violence, drug addiction and some are unregistered pedophiles. It is clear that these questionable staffers who have managed to remain employed in this industry and have gone from job to job have preyed on the elderly for way too long. Senior Americans are in need of the same care that goes into protecting a child who is cannot defend him or herself.
If you have a loved one that is being abused or whom you suspect is being abused and who lives in a long-term nursing facility, call the Law Office of our Nursing Home Abuse Attorneys as soon as possible. The longer you wait the more pain and suffering your loved one could be going through. Our team of experienced investigators will do what it takes to uncover the suspected abuse. With more than twenty (20) years of courtroom success, our Law Office will help you protect your loved one against the ever-growing epidemic of nursing home abuse. The telephone call is free and the initial legal consultation is priceless.
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Nursing Home Abuse at Its Worse
The same as a child might not alert parents if she or he is being abused, some nursing home residents sometimes are too frightened to tell other staff members or family members for fear that the abuse will become more severe. That’s why nursing home management should do its part to let residents know that they are there to protect the rights of the residents and that any suspected abuse should be reported to them immediately without fear of retaliation. If a nursing home staffer is found to be negligent or abusive the offending nursing home employee or employees could face criminal and civil charges.
The Legal Complexity Involved in Nursing Home Abuse Cases
Even if your loved one has told you that she or he is being abused by a staff member, most cases come down to what can be proven in a court of law. Pictures of physical wounds and other evidence are a good thing, but if the alleged victim is unable to testify to their experience or can not answer questions posed to them about the abuse, there is a slim chance that a personal injury lawsuit or even criminal charges will be filed.
Nursing home abuse personal injury charges are categorized as medical malpractice cases. In Texas, medical malpractice lawsuits payouts have been capped by Tort Reform laws. Tort reform was created to decrease the number of undeserving lawsuits which were clogging up the Texas court system. As a result of Tort Reform, it now takes an experienced and successful courtroom litigant who knows the ins and outs of proving personal injury in medical malpractice lawsuits. Our attorneys are such litigants. We are good at what they do best which is to use the law and their investigative skills to uncover the truth.
Some lawyers prefer not to litigate nursing home abuse cases because of Texas Tort Reform and because of the challenges involving these kinds of cases. The nursing home abuse attorneys at our Law Office know what to expect and will go to work for you. Contact our office. The call is free as is the initial legal consultation.
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The Informed Consent Document
Texas Medical Malpractice Lawyer, Discusses Informed Consent & Medical Malpractice
Many victims who have been injured due to the negligence of a medical professional worry that they will not be able to seek compensation since they signed an informed consent document. Thankfully, this is not necessarily the case (though medical professionals or insurance companies may lead you to believe that it is in an attempt to avoid paying you).
It may appear that the purpose of the informed consent document is to inform patients about procedures, but their true purpose is to protect healthcare providers from accepting legal responsibility for their mistakes. In many situations, you can still seek compensation, even if you signed an informed consent document. The Texas medical malpractice lawyers from our Law Office are here to tell you how informed consent documents work, and how you can seek compensation if you have signed one.
The Specifics of the Informed Consent Document
Medical professionals will typically make you sign an informed consent document before any medical procedure, whether it is a course of treatment, medication, or surgery. A typical informed consent document includes the following features:
A basic description of the medical condition that the proposed procedure is supposed to treat.
A description of the general purpose of the proposed procedure.
A description of the procedure itself, including any potential adverse reactions or side effects.
Information about any known risks associated with the procedure, including:
Pre-existing conditions might make the proposed procedure more dangerous for a specific patient.
The possible benefits that could result from the procedure.
A description of any existing alternatives to the procedure, including their benefits, risks, and possible side effects.
Information about health problems that could arise should the patient elect not to undergo the proposed procedure.
Disclosure of the fact that the procedure might have some unforeseen and unforeseeable risks.
An acknowledgment that the patient can choose not to undergo the procedure now or at any time in the future.
Acknowledgment that choosing not to undergo the procedure does not void the patient’s right to continue receiving current medical treatment or to receive additional medical treatment in the future.
Simply put, the informed consent document should attempt to give the patient enough information to make an informed decision as to whether or not to undergo the proposed medication schedule, surgery, or other treatment.
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Misdiagnosis & Failure to Diagnose
Can I File a Medical Malpractice Lawsuit in Texas for Misdiagnosis or Failure to Diagnose?
Every year, hundreds and thousands of patients visit their doctors in order to do their routine medical checkups or visit their doctors when they are sick or not feeling well. Everyone puts a lot of trust in their family doctor. However, doctors, just like anybody else, can make mistakes.
They can even make medical mistakes. The sad fact is that medical mistakes can be quite costly and have devastating effects on a patient. Every year, medical mistakes injure hundreds of thousands of patients. Improper diagnosis of medical conditions is a leading cause of medical mistakes. Misdiagnosis & failure to diagnose certain medical conditions can lead to severe injury or death of a patient. Many people visit their doctors in order to get better and relief from their pain or injuries. When a medical condition is misdiagnosed or not even found, then a lot of people will suffer in the end. Such “misdiagnosis” is also grounds for a medical malpractice lawsuit.
If you or a loved one has suffered injury or been hurt due to a misdiagnosis of your medical condition by your doctor, then know that help is available. You may be able to seek compensation for your misdiagnosis with a medical malpractice claim. However, pursuing a medical malpractice claim is no easy matter. It is extremely complex. That is why you need to work with an experienced medical malpractice attorney such as the attorneys of our Law Office. Our legal team will educate you on the laws regarding misdiagnosis and present you with options for seeking financial restitution.
There are many reasons why misdiagnosis occurs.
Misdiagnosis can happen because of a doctor’s error in judgment.
A delayed diagnosis by a doctor can occur which results in the patient’s condition becoming too severe to treat.
A doctor does not do the work necessary and fails to consider every possible evidence and scenario before making a diagnosis. (When a general doctor fails to consult with a specialist before being able to diagnosis which involves a special condition).
Texas law requires medical doctors to diagnose a patient’s condition in a correct time frame and then be able to help that patient overcome their condition. If a doctor is unable to diagnose their patient’s medical condition, then they must refer their patient to a specialist who is able to diagnose the condition. In addition, physicians must be able to look over a patient’s medical history and chart in order to understand their current medical condition and then be able to make a diagnosis. If a doctor fails to follow these standard procedures, then he or she can become liable. Doctors must be able to exhaust every possibility so that they can diagnose their patient’s medical conditions and be able to help them recover and heal.
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When physicians do not do their jobs properly and do not exhaust all resources to find out what’s wrong with their patients and why their patient is ill, they are in trouble. If the patient suffers because they experienced a misdiagnosis & failure to diagnose from their doctor, then the patient has the right to seek a medical malpractice claim. However, if you have been through this or are currently experiencing this, then don’t expect your doctor to agree with your assessment and offer you compensation. Medical malpractice lawsuits are just as complex as personal injury lawsuits in Texas. They come with a lot of technical jargon, legal pitfalls, and a lot of red tape. Non-lawyers and people with no legal background do not have a chance of being successful with medical malpractice lawsuits. They stand no chance because they will be facing seasoned and aggressive defense attorneys who will make their life a living hell by doing everything they can to deny their claim. Also, novice lawyers will have a hard time as well defending their case in court because they will have a hard time understanding the complex legal terms involving medical malpractice claims. Medical malpractice claims are harder to litigate today because of tort reform. Tort reform was initiated by insurance company lobbyists in Austin who raised the standard of proof needed in medical malpractice lawsuits and created a whole lot of procedural obstacles that benefit the defense attorneys. Tort reform was created because there were so many bogus lawsuits against the medical profession that the money people were asking for was enormous. In order to succeed with a medical malpractice claim, you must be able to prove very specific conditions so that your case can be successful and you can seek the financial compensation you deserve. Most of the non-lawyers are not aware of the conditions set by the tort reform law and therefore are unable to meet those conditions. In addition, you need to work with a reputable law firm that is experienced in these matters so that they can find you the expert witnesses to turn the tide in your favor. Our Law Office brings you 20 years of experience litigating medical malpractice lawsuits with success. In our 20 years of law, we have never heard of anyone who was successful in representing themselves in a medical malpractice lawsuit.
At Our Law Office, our attorneys are medical malpractice specialists. We can help build a strong case for you with strong evidence that your doctor was negligent by misdiagnosing & failure to diagnose your medical condition. We are able to provide the high standard of proof that is required by law in medical malpractice lawsuits. For the past 20 years, the attorneys at our Law Office have litigated hundreds of cases and have compiled a massive amount of knowledge on medical malpractice law. We know what it takes to win these types of cases and also understand the procedures involved in medical malpractice cases. At our Law Office, our attorneys have successfully battled and resolved medical malpractice cases against every major insurance company in the nation. We have obtained millions of dollars for our clients as a result. We are not afraid of any aggressive insurance company that will try to do everything they can to deny your claim. When other law firms back down on taking cases involving medical malpractice, our firm will not back down in helping you. At our Law Office, the attorneys are devoted to helping injured Texans receive the financial compensation they deserved for being misdiagnosed & failure to diagnose by their doctors which led to their injuries. Insurance companies respect our name due to our past success in litigating medical malpractice claims. Due to our reputable reputation, insurance companies will often settle with us and our clients for a fair amount so that they can avoid a lengthy and costly court trial. If you or a loved one were injured due to a misdiagnosis & failure to diagnose by your physician, then call our Law Office today for a toll-free consultation. Our staff is standing by waiting to answer any questions you may have concerning your condition. By calling us, we will be able to present you with the various legal options needed in order for you to make the right decision. Call us now and find out how we can help you recover from your injuries associated with being misdiagnosed or not being diagnosed by your doctor. At our Law Office, we care.
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Nursing Malpractice Lawyer
Medical Malpractice Lawyer on Nursing Malpractice Lawsuits
Did you know that besides physicians and surgeons, medical malpractice lawsuits can be filed against other health care professionals as well? It seems the vast majority of media coverage for medical malpractice focuses on physicians and surgeons, yet lawsuits against dentists, psychologists, nurses, therapists, anesthesiologists, chiropractors, and other medical care professionals can surface if negligent care is provided.
Nowadays, in this high-tech medical industry, nurses carry far greater responsibilities for patient care than in years past, and even though the majority are highly skilled professionals, instances of neglectful care and sometimes even gross negligence can arise as the result of over-staffing and long work shifts. Doctors have a much higher level of training, so errors committed by nurses can often result in more damage.
You are a candidate for restitution or compensation for your injury and losses if you or a family member has been injured because of nurse malpractice. Call our Law Office toll-free for a free consultation.
What are the Grounds for a Legitimate Nursing Malpractice Lawsuit?
There is a certain level of care that is common for the nursing profession and a general expectation for nurses to provide in accordance with that standard or expectation. If they fail in performing this standard of care, you may qualify to pursue compensation through filing a nursing malpractice claim. Often though, there is a fine line drawn between what is viewed as an injury simply because of simple bad luck, and what is perceived as an injury or harm due to negligence. A few examples of nursing malpractice can include the following:
When a patient’s condition changes and a nurse doesn’t report that change to the patient’s physician.
A nurse gives the patient the wrong prescription drug or the wrong dosage of the right drug.
The nurse neglects her responsibility to monitor the patient’s vital signs and report any fluctuations to the patient’s doctor.
The nurse fails to compile results from the patient’s tests in sufficient time so that the correct treatment can be successfully applied.
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Nursing Malpractice Lawsuit Challenges
The inherently technical aspect of nursing mishaps or negligence which results in injury, often makes it difficult to prove nursing malpractice lawsuits. Consequently, if you attempt to represent yourself or choose an inexperienced lawyer who doesn’t have a long history with medical malpractice cases, your chances of success are greatly diminished. The issues debated in nursing malpractice litigation are often rooted in highly specific medical knowledge that requires familiarity and understanding to be able to grasp. The attorneys at our Law Office have over twenty years of experience in the medical malpractice field and have developed consulting relationships with numerous experts in several medical fields. We have a keen understanding of how to use that testimony in the courtroom to establish the standard of care in a nursing specialty so that a jury can be influenced in your favor. Our attorneys are skilled in familiarizing juries with medical terminology that defines nursing malpractice cases so they can understand how the negligence caused the injury or harm to our client.
It can be a challenge to meet the standard of proof in nursing malpractice cases and only an attorney with extensive experience in handling these cases can establish this standard of proof. Also, medical malpractice insurance has caps or limits that restrict the amount of possible compensation. Consequently, many attorneys avoid these cases. Our medical malpractice attorneys, however, are committed to helping all nursing malpractice victims pursue the compensation they deserve.
Our Medical Malpractice Law Firm Can Help You
We have won thousands of cases. Call us today to discuss your case.
With a twenty-year successful track record of litigating medical malpractice suits, the attorneys at our Law Office are equipped to help you pursue the compensation you deserve if you or a family member has suffered harm because of the negligence of a nurse.
Because of our extensive history and track record in this field, we know how to recognize the liability of a negligent nurse and the process in proving that negligence in a courtroom. We’ve won millions of dollars from nearly every major insurance carrier in the U.S. as compensation for our injured clients. We’ve earned the respect of these insurance companies and defense attorneys. Often they choose to settle out of court with fair settlement offers, rather than face us in court. If the case is forced to trial, however, we are prepared to use all the skills in our arsenal— diligent investigative skills, courtroom strategy, and the use of expert testimony on your behalf.
Call our Law Office if you have any questions or reservations about nursing malpractice accidents and litigation. We can arrange a free consultation and share the legal options available to you, so you can make an informed choice. Our goal is to help you receive the full compensation needed to recover from your losses so you can move confidently into the future.
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Pharmaceutical Error Cases
Legal Remedies For Injury or Wrongful Death From Pharmaceutical Error
All of us would like to think we can trust our bespectacled, smiling neighborhood pharmacist, but the raw reality is, nearly one in twenty prescriptions in the U.S. are filled in error and 100,000 people prematurely expire annually because of pharmaceutical mistakes or pharmacy misjudgment.
Although not every improperly filled prescription leads to injury or death, every time an error does occur, the needed medication is not given to the patient who is often in dire need of the proper medication for their condition.
If you have suffered an injury because of an incorrectly filled drug prescription or pharmaceutical error at your pharmacy, the medical malpractice specialists at our Law Office want you to understand the inherent complexities of these cases, so that you can make an educated decision about what legal options you should take.
How Do Pharmacy Mistakes Occur?
Most of the time, pharmaceutical mistakes occur because of the following:
The doctor incorrectly, or just not quite legible enough, writes a prescription that is difficult to read and results in a patient being given the wrong dose or wrong medication altogether.
A pharmacist makes an error in filling the prescription.
Often, the prescription drug itself can pose a danger; In that case, the drug pharmacy isn’t responsible if the correct medication was prescribed, the prescription was filled as instructed, and the drug was taken as advised. In these circumstances, the damages were caused by the drug itself, and the pharmaceutical drug company should be held liable or responsible for the injury.
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Which Type of Lawsuit Should I File?
The type of lawsuit you file is dependent upon the type of pharmacy error committed. You will be filing a medical malpractice lawsuit, regardless of whether it was your doctor or your pharmacist that was responsible for you receiving the incorrect medication. Yet, the strategy involved in building an effective case is different, depending on if the liability arose from the doctor or the pharmacist.
Do I Need A Lawyer?
The medical and health care industry has been protected, in many cases, from illegitimate or frivolous lawsuits by recent tort reforms. Concurrently, those reforms have also resulted in legitimately injured individuals now finding it more difficult to get the compensation they deserve. It is very common nowadays, for cases without the proper documentation to be dismissed. Only an experienced, competent medical malpractice legal specialist in this field will understand how to locate expert medical testimony and the procedures for issuing subpoenas for the appropriate records.
Texas medical malpractice lawyer
We’ve won hundreds of cases against all the major insurance companies in the U.S. These firms are familiar with our success and reputation and in many instances will fully cooperate with our attorneys so they will not have to confront us later in court. We have a successful track record to stand up to your opposition and help you receive the justice and equitable compensation you deserve for your injury or loved one’s death.
Our Law Office attorneys are dedicated to providing you with the help you need to recover from your injuries incurred by the wrong prescription drugs. We have been litigating medical malpractice claims for two decades and have seen millions of dollars awarded to hundreds of injured clients. Call us today toll-free for a free consultation if you’ve suffered a prescription drug injury. We can discuss your legal options and the steps needed for you to recover physically and financially, so you can get back on your feet and move confidently into the future.
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Birth Injuries
What Legal Options do You Have if You Have Suffered from Birth Injuries?
Giving birth is a significant time in the life of a parent. Sometimes, however, the joy of bringing a little one into the world is marred by birth injuries suffered while delivering the baby. Not only do you have to deal with the birth injuries, you probably have some serious questions as well.
Who or what caused the injury to occur? What long-term effects will the birth injuries have on the child’s future development? What can I do legally? Is a medical malpractice lawsuit in the best interest of myself and my child?
Lawsuits pursued due to birth injuries are one of many types of medical malpractice lawsuits. These cases can be very complicated and are usually beyond the abilities of inexperienced attorneys or the average person. Our Law Office has 20 years of experience, during which we have helped many people with cases of birth injuries. We want to help you receive financial reimbursement for the pain and trauma that you have experienced.
Types of Birth Injuries and What Causes Them
The following is a list of a few of the types of birth injuries caused by negligence and medical malpractice:
Klumpke’s Palsy – paralysis of the child’s hands and forearms
Broken bones
Cerebral Palsy – injury of the brain often causes this motor condition, leading to the impairment of movement
Erb’s Palsy – this occurs when the shoulders and upper arms of the child are paralyzed. It is a type of Brachioplexus Palsy and can be caused by pulling excessively on the shoulders during delivery.
Brachioplexus Palsy – this can lead to paralysis of the child’s whole arm due to spinal nerve injury. It occasionally results from a forceps delivery.
Shoulder Dystocia – this happens when the head is delivered a long amount of time before the shoulders. This condition can then lead to Erb’s Palsy or Brachioplexus Palsy.
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What Makes Birth Injury Lawsuits so Difficult to Pursue?
Tort reform has rendered medical malpractice lawsuits ever more difficult to pursue. The original purpose of this tort reform was to shield doctors from inconsequential charges against them. Thus, the standard of proof necessary to make a case for medical malpractice has been increased. This can present difficulties for those who have suffered birth injuries due to medical malpractice to receive appropriate compensation for their suffering. One result of this has been that many personal injury attorneys will no longer consider taking these cases, as they are so difficult to win.
Our Law Office has 20 years of experience fighting for families. We have experience dealing with these cases before and after the change in the laws. We have the knowledge necessary to build a rock-solid case against negligent medical professionals that result in birth injuries.
The process of giving birth can be incredibly complex. The tiniest blunder can lead to devastating birth injuries. Due to these factors, proving that negligence resulted in birth injuries requires an experienced attorney. Some of the key components of a successful birth injuries lawsuit are the testimony of expert witnesses, assessment of the birth injuries sustained by the child, and inquiring into the circumstances of the delivery by asking the medical staff questions. Our Law Office has the expert witnesses you need to make sure your case is strongly constructed.
If You or Your Child Have Suffered from Birth Injuries Due to Medical Negligence, Our Law Offices Wants to Help You
Our Law Office has the benefit inherent in twenty years of experience necessary to help you if you have suffered from birth injuries. We are familiar with the necessary components of a successful medical malpractice lawsuit. We know how complicated such cases can be, and we are committed to taking the time and making the effort needed to win them. We want to make sure that those medical practitioners whose negligent behavior resulted in your child’s birth injuries are held liable for the suffering they have inflicted. Our proven track record of winning settlements of millions of dollars for our clients is known to the insurance companies, adjusters, and their lawyers since we have faced every major insurance company in the country. We are often able to negotiate fair settlements for our clients without even having to bring the case to court since the insurance companies frequently wish to avoid the hassle of a court case. In the event that a settlement agreement is not reached, we are willing and able to take the case to court to resolve the dispute. If you are dealing with the aftereffects of birth injuries caused by medical malpractice or negligence, give us a call toll-free for your free consultation. We can provide answers to your legal questions and inform you of the steps we can take to help you.
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Drug Injury Attorney on Defective Prescription Drugs
You might be eligible to attempt to obtain compensation through a Texas product defect lawsuit if you have any reason to believe that your illness or injury may have occurred as the result of defective prescription drugs or a pharmaceutical error.
Seeking legal recourse for this kind of injury, however, can be a very difficult endeavor, and it is especially tough if you choose to act as your own legal representative and do not enlist the services of a drug injury attorney. There are myriad challenges that are presented by these kinds of personal injury cases, and in order to have the best chance possible at getting the just restitution you deserve, you will need a seasoned and skilled defective drug injury attorney on your side. The attorneys with our Law Office will be happy to explain what kind of case you may have, the hurdles you will face in attempting to obtain compensation and the ways that our law firm can help you get the justice you have coming.
Why Drug Injury Lawsuits are Considered Challenging
The companies that design drugs and the medical practitioners who prescribe and dispense them, it is assumed, have some level of medical expertise that will greatly exceed that of a typical person. When someone takes a drug, they will likely have a reasonable expectation that the drug will not harm him or her. For instance, a person should be able to expect to understand the intended use of a drug, the potential side effects associated with it, and whether or not the drug prescribed could result in further injury because of a pre-existing medical condition or by using other drugs along with that newly prescribed drug. Basically, the people who have a need for prescription drugs more than likely trust that pharmacists, doctors, and drug manufacturers will do the best they can and do their jobs so that a patient does not experience harm. Accidents, of course, can take place in the field of medicine, but it is still reasonable to expect the drug you are taking is correctly manufactured and designed, and will not cause added problems. Most consumers do not understand how a drug might have prolonged an illness or compounded an existing injury. Additionally, most people do not have the expertise to be able to ascertain whether an incorrectly prescribed drug, a defective drug, or a faulty dosage might have caused them harm.
One of the most formidable hurdles to successfully pursuing a case involving defective prescription drugs is the expert medical knowledge that is necessary to prove that a defective drug injury even occurred. This is a type of personal injury lawsuit that necessitates a certain amount of technical knowledge to be acquired or to be obtained through the help of someone who is an expert in the field. There are many law firms that simply do not have the desire to put in the strenuous work involved in this kind of litigation, nor do they have relationships with medical experts.
However, our Texas medical malpractice firm is not one of those firms. We have assisted many victims of different forms of medical malpractice, including clients who have been harmed as a result of taking defective prescription drugs. We have access to medical experts who can help drug defect victims by connecting their malady to an incorrectly prescribed drug, a wrong dosage, or a defective drug.
Additionally, a lawsuit can also be complicated depending on the kind of lawsuit that is filed against a negligent entity. The following is a detailed explanation of the two kinds of drug injury lawsuits that can be filed.
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Drug Injury Case Categories
There are two broad categories in which drug injury cases can be listed:
Product liability lawsuits – These lawsuits are filed as a result of a drug manufacturer creating a drug that is harmful to the public, such as Hydroxycut.
Pharmaceutical error lawsuits – These are filed in response to a drug provider’s negligence in issuing a drug to a patient. For example, prescribing the wrong drug or prescribing the wrong dosage.
Product Liability Lawsuits
The companies that manufacture drugs are sometimes more accurately described as “pill pushers” than drug manufacturers. Drug manufacturers sometimes cut corners in designing and producing drugs, because they are in a rush to get their piece of a pie that is millions and millions of dollars big. They will often fail to properly and completely test a drug before they release it for public consumption. When this happens, and a person is injured due to a drug’s detrimental side effect that is not listed on the drug’s container, that victim can attempt to obtain restitution for their injury through the means of a defective drug product liability lawsuit. Should a drug manufacturer produce an off-brand product that uses questionable ingredients, and those ingredients can be proven to have harmed the consumer, then, likewise, that drug manufacturer can be sued through a drug defect personal injury lawsuit.
Initiating legal action against a drug manufacturer, however, is an incredibly complex and challenging task, and not for those who want to avoid a fight. Drug manufacturers often have millions upon millions of dollars that they can use to defend themselves against lawsuits, and will do whatever it takes – and spend however much it takes – in order to ensure you lose your case. Say, for instance, you were the first person to have been injured by taking Hydroxycut, which was an intensely marketed and highly popular drug when it was originally released. Because you were injured, you filed a lawsuit, and the negative publicity surrounding your suit would have been enough to seriously hurt the manufacturer’s bottom line. It only stands to reason, then, that the manufacturer would work feverishly in order to either make sure you were given a low-ball settlement, or you were defeated by their group of highly paid and extremely effective defense lawyers. Basically, they will stop at almost nothing in order to keep a victim from obtaining fair compensation, because that would be an admission that they were at fault. If that happened, they would likely face an avalanche of even more lawsuits after dealing with yours. This happens all too often, and liable drug manufacturers often stoop to highly questionable means in order to protect themselves from lawsuits.
Because of the intense and complex nature of defective drug liability lawsuits, there are many law firms that will not touch this kind of litigation. Often, the deck is just too stacked against the rights of a victim, and that is especially true when the defendant is a huge drug manufacturer. But the drug injury lawyers with our Law Office firmly believe that each and every person has a right to attempt to obtain compensation for an injury – it does not matter that a defendant may be a huge corporation with seemingly endless resources. We have extensive experience fighting both extremely wealthy individuals as well as huge insurance companies, so we have the attitude, knowledge, and toughness it takes to aggressively – and successfully – defend your rights against the onslaught of defendants, no matter how deep their pockets.
We should also note that there are some law firms that will initially offer to help the victim of a drug injury, only to ultimately sub-contract that work to another firm that is more experienced in fighting huge pharmaceutical entities. If we are assured that we can help you get the restitution you deserve, we will take your case through the entire process – from its start until its end. We don’t care about how your case can add to our list of successes. We are only interested in your success.
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Pharmaceutical Error Lawsuits
If a pharmacist, nurse, doctor, or any other kind of medical practitioner prescribes an incorrect drug or the wrong dosage of said drug, and further illness or injury is experienced by the patient as the result of that mistake, then that victim can attempt to obtain restitution through the means of a pharmaceutical error lawsuit. Because of the tort reform passed by the Texas Legislature, even though pharmacy errors are considered medical malpractice, pursuing legal action against a medical practitioner can be extremely difficult. The sentiment behind this tort reform was admirable – stop frivolous lawsuits from being filed against doctors and other medical practitioners, long-lasting civil lawsuits that further crippled an already overwhelmed court system. Unfortunately, and tragically in some instances, this tort reform has been a detriment to many injury victims with legitimate medical malpractice claims. One of the detrimental effects of tort reform legislation is the cap the legislature placed on the amount of compensation an injured patient was eligible to receive through the means of a medical malpractice lawsuit in Texas. Oftentimes, this cap doesn’t come close to properly compensating a victim for his or her injuries or accrued damages. Because of the possibility that the chances of obtaining full compensation could be small, there are many medical malpractice lawyers in Texas who will decline these kinds of cases. However, the defective drug injury attorneys with our Law Office will assist you in seeking fair restitution, whether it comes from a negligent hospital, negligent doctor, a negligent third party such as a drug manufacturer, or a combination of all of them.
There is another obstacle that oftentimes will cause Texas medical malpractice law firms from declining to help injury victims, and that is the exceptionally high standard of proof that plaintiffs must satisfy in a medical malpractice lawsuit. There are many times where medical experts must be brought into court in order to give technical, specific information regarding how medical practitioners may have committed negligence. There are many law firms that simply do not have access to these critically important medical experts. However, our Law Office has this access, and we have relied countless times on expert medical testimony that has helped our clients successfully pursued both pharmaceutical error injury cases, as well as medical malpractice cases, in Texas.
We are fearless and passionate when it comes to fighting for the rights of our clients – it does not matter one bit how huge and intimidating the drug manufacturers or other entities we fight in court may be. We also have access to medical experts who can effectively make a connection between the negligence of a medical practitioner and your injury. The drug injury attorneys with our Law Office stand ready to help you if you have experienced a further injury because of a pharmaceutical error or an unsafe drug. With our two decades of experience handling this kind of litigation, we are ready to help you as well. Our attorneys are ready to assist you in your efforts to hold accountable all the parties that are responsible for causing you further illness or harm. Please call us as soon as you can toll-free for a confidential and free consultation. We will go over all the circumstances surrounding your case, and tell you how we can help you obtain the just compensation you have coming to you for the suffering you have experienced.
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Pharmaceutical Error Injury
Were You Hurt Due to a Pharmaceutical Error? Discuss Your Case With Our Attorneys
Every year, nearly 100,000 deaths occur because of prescription errors made by pharmacies in the United States. This statistic is according to the latest study conducted on prescription error. Also, almost 1 in 20 prescriptions are filled incorrectly every year as well.
These prescription errors are caused by doctors who make mistakes when writing prescriptions for their patients and also are caused by pharmacists filling the prescription improperly.
Pharmaceutical cases involving error do not include product liability cases against the drug manufacturer. Pharmaceutical error cases are errors committed by doctors or pharmacists who were negligent in writing or composing the wrong amount and type of drug, the dosage, and for giving wrong information on instructions for taking the drug.
Pharmaceutical error injury cases are no different than medical malpractice claims. Both cases are complex legal matters to take on. In Pharmaceutical error injury cases, it is often difficult to determine who exactly is negligent for giving the wrong type of prescription. In these cases, sometimes it is difficult to prove whether it was the doctor or the pharmacist’s fault for the pharmaceutical error. Both the doctor and pharmacist can be litigated in different ways. Bringing a lawsuit against the pharmacist is different than having a case against your doctor or hospital for the prescription error they gave you. In addition, tort reform has changed everything. Tort reform has made it difficult for individuals to seek lawsuits against medical professionals. Because of tort reform, there are very strict conditions that one must meet in order for you to hold a medical professional liable for your injury. If you do not meet the standards of these conditions for your case, then your case will have very little chance of succeeding in court.
The good news is that help is still available. The medical malpractice attorneys at our Law Office have twenty years of experience helping injured victims of pharmaceutical error injury cases. At our Law Office, our attorneys know how to handle cases involving pharmaceutical error injury cases. We know how to handle tort reform as well and know how to meet the challenges of tort reform cases. If you or a loved one were victims of a pharmaceutical error either by your doctor or pharmacist, contact the medical malpractice attorneys of our Law Office. We will help you seek the compensation you deserve for your injuries and help you seek justice as well.
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Pharmaceutical Error Lawsuits
In Texas, a victim of a pharmaceutical error injury can seek compensation for their illness or injuries through a pharmaceutical error lawsuit. A victim may seek this type of lawsuit if their doctor, nurse, pharmacist, or other medical professional prescribed them the wrong drug or the wrong dosage amount of the drug. Furthermore, pharmacy errors are a form of medical malpractice. Tort reform makes it very challenging to pursue legal action against medical professionals. Tort reform was initiated by lobbyists representing the medical field because of all the frivolous lawsuits against medical professionals. There were so many lawsuits that tied up the court system that lobbyists fought hard to reduce the number of lawsuits and the amount by using tort reform. As a result, tort reform had a negative effect on injured victims who had a legitimate claim of medical malpractice. Some examples of how tort reform changed the way lawsuits can be sought against the medical field is when tort reform set a cap on the amount of compensation an injured victim could get with a Texas medical malpractice lawsuit. The cap that tort reform subscribed is not enough to cover for one’s medical injuries, illnesses, or damages. Because of this roadblock, many medical malpractice attorneys in Texas refuse to handle such cases. However, at our Law Office, our attorneys do whatever we can to help make sure you are able to receive the maximum amount of compensation needed in your case. We will make sure that all negligent parties such as doctors, a negligent hospital, and all negligent third parties such as a drug manufacturer, are held accountable.
Another challenge one might face when dealing with a medical malpractice lawsuit in Texas is the standard of proof required in proving your case. The standard of proof that a person was injured because of medical malpractice is very high. This scenario prevents many law firms from rejecting taking cases dealing with medical malpractice because the attorneys feel they can’t provide this high level of standard of proof needed in order to win a case. It is difficult to obtain the standard of proof needed in a medical malpractice claim because the case requires that one obtains specific, technical information regarding medical experts that work to show how exactly a medical professional was negligent. Many law firms do not have the skills, education, or experience to get the access that is needed on such medical experts. However, our Law Office does have the skill and education to get this information from medical experts. At our Law Office, our attorneys have used numerous medical experts in the past to assist our clients with their medical malpractice claims and their pharmaceutical error injury cases in Texas.
At our Law Office, our attorneys are fearless when it comes to defending our clients against pharmaceutical error injury cases. The medical malpractice attorneys of our Law Office are ready to assist you if you or a loved one suffered injury or illness because of an unsafe drug given to you through a pharmaceutical error. Our attorneys bring you twenty years of experience litigating pharmaceutical error injury cases in Texas. We have helped hundreds of injured Texans get the financial compensation they deserved because of a doctor’s error or pharmacist’s error in prescribing medication and giving it. We are ready to help you with your case and help hold all the negligent parties liable and accountable for causing you harm. Call us today toll-free for a free consultation. Our staff is standing by 24 hours a day 7 days a week in order to help answer any questions you may have. Call now! Don’t wait!
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Fentanyl Drug Injury Lawyer
Fentanyl Attorney on Fentanyl Pain Patch Recalls
Of all the dreaded diseases that plague our society, cancer is one of the worst. It is a common ailment that people in the United States are stricken with, unfortunately. Most people either know somebody who has been diagnosed with some form of cancer or they have been diagnosed with it themselves.
According to the American Cancer Society (ACS) more than a million people are stricken with the dreaded disease each year in the United States. And that doesn’t include the twelve (12) million victims already living with the disease.
It used to be that being identified as a cancer patient, apart from the type of cancer, was no worse than being sentenced to death. But new technology, decades of investigation, and research funds have opened up new treatments for cancer that lead to remission. It’s the next best thing to a cure. Yet with so much focus on inventing a cure for cancer, the researchers have spent verity little time on pain management with it comes cancer patients. That’s where Fentanyl pain patches come in. Fentanyl pain patches are used as pain management for cancer patients; nevertheless, the product was recalled because it has been reported as a contributing factor in the deaths of and suffering of many people.
If you are suffering from a leaky Fentanyl pain patch, call the Fentanyl lawyers at our Law Office today. We’re waiting to go over the options of your case. Your family could opt to file a personal injury lawsuit against the corporation which produced the leaky pain patch. But you should call to find out more. Your initial consultation is free.
Researchers say that victims of cancer suffer more than once. They suffer first due to their cancer cells being destroyed in the area of their body where the disease developed, and they suffer a second time because of the unbearable pain most patients experience. Although it’s not common knowledge, most people are living with an undetectable amount of cancer cells somewhere in their bodies. The term “cancer” just means there is the presence of deformed cells in a person’s body. The deformity occurs because most people don’t breathe in enough clean oxygen to help their healthy cells regenerate properly. It can happen when someone lives in a home with asbestos mixed in the building materials or they work in an old building with asbestos in the insulation. Or maybe they live in a smog-filled city and they don’t get enough exercise in the open air. So they don’t get enough oxygen for them to renew themselves normally. Cells that are cancerous also multiply in the body when you eat or drink too much white sugar. Cancerous cells feed on white sugar and it strips away the nutrition trying to replenish our healthy cells. Cancerous cells are unable to live in an oxygen-rich atmosphere. Cancer and oxygen are like oil and water: they don’t mix. The more clean air someone breaths the less cancerous cells can thrive. But when there is a lack of oxygen normal blood cells start to mutate. And those mutated cells start to regenerate. So, most people carry a small amount of cancer in their bodies throughout their lives. And that’s okay.
Cancerous cells will attack different parts of the body. If it is not quickly diagnosed those cancerous cells start to destroy the organs that it attacks. If it’s colon cancer the patient might have to get a part of the colon removed. If it’s skin cancer the patient might have to have get a skin graft. It takes a microscope to see this cellular attack going on. But self-examinations and regular doctor visits can locate unnatural lumps underneath the epidermis. Just because a patient feels healthy today doesn’t mean cancer isn’t growing somewhere undetected in the body.
They say an ounce of prevention is worth a pound of cure. Still, twelve million victims find themselves living with cancer and anxiously awaiting a cure. And that could be considered as a good thing, except the longer patients live with the disease the pain makes it harder for them to operate normally. To help cancer victims withstand their aches medical researchers have approved and allowed the use of illicit drugs including marijuana, morphine, and Fentanyl in hospitals and by caregivers in hospices. While marijuana is known for its subtle effects, morphine is known as one of the strongest pain killers available. But Fentanyl is one hundred (100) times more powerful than morphine. Now it’s being used to treat cancer patients who are in chronic pain. Fentanyl is even used to deaden the pain of surgery patients and those in the Intensive Care Unit (ICU). The strength of the drug is indicative of the need for closer medical oversight when it is prescribed. Fentanyl was approved for use in the privacy of patients’ homes. So, pharmaceutical companies created Fentanyl nose sprays, Fentanyl lozenges, Fentanyl inhalers, Fentanyl lollipops and transdermal pain patches. The patches have been a problem since day one, leaving more sickness and death in its wake. The Fentanyl patch has a leak in it that allows more of the Fentanyl to seep into the patients’ bloodstream during the three-day treatment than intended. It could cause patients to overdose and die. Hundreds of people complained to the Food and Drug Administration (FDA) concerning the number of patients who died from using the Fentanyl pain patch. Finally, after a few hundred victims had lost their lives, the FDA forced the drug company that manufactured the Fentanyl pain patch to issue recalls. Needless to say, some of those companies are in litigation over the faulty patch.
If you think your loved one died due to a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Offices today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You might also be able to file a class-action lawsuit and join other families affected by this faulty product. But you won’t know if you don’t call. Your initial consultation is free.
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Fentanyl Recalls Go Back Seventeen Years
Fentanyl pain patch recalls have been going on for quite a few years. Janssen Pharmaceuticals was the first company to issue a recall in 2004. At first, it was just one batch, called a lot or a group of products. A lot number is attached to every product that is made in bulk. Lot numbers assist manufacturing companies to audit and readily identify their inventory. After the first batch of pain patches, the FDA and Janssen expanded the recall to include more lots.
Most people would shy away from a product that is plagued by problems. But when a product like Fentanyl brings in millions of dollars, company executives are too greedy to turn away from that. So other companies started to manufacture their own version of the Fentanyl pain patch. But the Alza Corporation had to recall 32 million Duragesic patches in 2008 because they too leaked. Days after Alza’s vast recall, another company, Actavis, Inc., a recall of fourteen lots of Fentanyl pain patches that it produced. It was the third recall in four years on the same product. Company executives pushed to keep producing the patches despite the problems. Only Alza halted production for a few months. They resumed production in the summer of 2011. The profits must have been too much for them to ignore.
Fentanyl Brand Names and Alternative Delivery Systems
Like so many pharmaceutical drugs, Fentanyl is sold under different off-brand names. They include:
Abstral, a lozenge that is similar to a cough drop. It’s made by ProStraken, Inc.
Instanyl, a vapor nose spray which is produced by Nycomed, Inc.
Onsolis is applied inside the mouth and is made by Aveva Drug Delivery Systems
Actiq is a lollipop made by Cephalon, Inc.
Fentanyl is sold in different dose measurements with different strengths. Only the patch has been recalled. So if your physician has prescribed a pain patch to help suppress the pain of a cancer patient, call the physician or the pharmacist to get answers. Then if you need to speak with the Fentanyl drug lawyers at our Law Office, do so today. We have more than twenty (20) years of experience litigating these kinds of personal injury lawsuits. If someone you know has been the victim of a leaky Fentanyl pain patch contact the Fentanyl lawyers at our Law Office today. Call to discuss the specifics of your case. Your family might be eligible to file a personal injury case against the company that manufactured the leaky pain patch. You don’t know until you call. Your initial consultation is free.
The side effects of cancer are bad enough without having to be concerned about the side effects of the drug meant to subdue the pain. Still, some side effects of Fentanyl include:
Cramping;
Anxiety;
Hallucinations;
Dry mouth;
Vomiting;
Rapid weight loss.
If the cancer victim has these signs plus seizures and irregular heartbeats, see your doctor immediately.
In addition to the leaky Fentanyl patches, patient advocates complained about what they call the misuse of the Actiq Fentanyl lollipops. These suckers have been prescribed to patients who have no sign of cancer. Some of those patients have been harmed because the lollipops were used to medicate them. This is a classic case of a product liability lawsuit. So if you were prescribed the Fentanyl lollipop and you have not been diagnosed with cancer, call the Fentanyl drug attorneys at our Law office.
In their effort to make more money some drug company executives blindly jumped onto the Fentanyl bandwagon. They saw their profits more than they saw a way to help cancer patients live more comfortably while living with cancer. If you or someone you know has been harmed by the negligent behavior of your physician who prescribed the medication or the drug company that manufactured it, it’s your right to file a product liability personal injury lawsuit. The attorneys at our Law Office can investigate your sickness and the medication you might be taking to collect evidence to build your case. Time is not on your side. Call our Law Office today for your free consultation.
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