drunk driving – drugs – 3/26/2020 – gtg

Should the Drinking Establishment be Held Accountable?

Due to a lack of knowledge based on the issues involved, many people disagree with the notion that bars should be held responsible for the actions of the patrons they serve. Further, individuals also question how a drinking establishment can be held accountable for the patron’s actions after they leave the bar. The dram shop laws in Texas do not agree with this viewpoint.

Bars Must Provide for Everyone’s Safety
The dram shop laws of Texas expect the drinking establishments to act responsibly so that the roadways can remain safe for everyone. By holding the party that furnishes the drinks accountable, the amount of drunk drivers on the road is reduced. With the state adopted blood alcohol level of .08, the laws recognize that anyone who has reached this level is no longer capable of making his or her own decisions and has already broken the law of public intoxication. Most individuals who oppose the dram shop laws are unaware that it is illegal for drinking establishments to serve anyone who has reached this level. When a bar over-serves a customer, it has violated the law. Consequently, if the patron leaves the bar and injures someone in an accident, the bar can be held partially liable for the accident because of its negligent over-serving of the patron.

Did You Know?
Our Texas Texas attorneys have won hundreds of drunk driver accident cases. Call us today to discuss your case.

To obtain a liquor license, businesses and clubs must maintain compliance with the laws of Texas concerning the serving of alcohol. Just as drivers are expected to obey the traffic laws of the state in order to keep their licenses, drinking establishments must obey the drinking laws. The consequences that result from over-serving patrons can be disastrous and harsh penalties have been established to reduce the number of violations. However, this has not stopped some drinking establishments from selling as much liquor as they want to patrons in order to gain as much profit as possible. Inebriated drinkers want to continue drinking and this makes it easy for the servers to take advantage of the situation. In an effort to make the roadways safer and encourage the drinking establishments to avoid liquor law violations, they must be held accountable for over-serving.

Scientifically speaking, an individual’s inhibitions and ability to make rational decisions are disrupted by alcohol. Therefore, decisions made by individuals while under the influence of alcohol would not have been made had the individual been sober. Further, intoxicated individuals lack the reasoning ability to determine if they are capable of driving. As a result, the servers in drinking establishments must be held accountable for ensuring public safety.

Another area of responsibility for the drinking establishments is to ensure that their servers have the ability to recognize when patrons have reached the legal limit for alcohol consumption. Bartenders must be properly trained concerning the effects and dangers of alcohol as well as how to identify drunks who should be cut off before they are allowed to serve alcohol in Texas. Further, it is the responsibility of the drinking establishments to make certain that all of their servers have received this training. This is done to prevent any bartender from claiming ignorance of the law in an attempt to avoid liability for over-serving a customer before he or she became involved in a drunk driving accident.

The responsibility of the drinking establishment for the actions of its customers can be likened to that of a dentist who sedates a patient before removing his or her wisdom teeth. Due to the wooziness experienced by the patient after the surgery, the dentist must not allow the patient to drive home afterward. It is easy to see that if the dentist did let the patient drive home and the patient was involved in an accident, then the dentist should be held responsible. This same principle can be seen in relation to a drinking establishment’s negligence that contributes to the drunk driving accident.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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Do Dram Shop Laws Hold the Drinking Establishment Completely Responsible?

Although untrue, many people believe that dram shop laws hold drinking establishments responsible for 100% of the damages that result from a drunk driving accident. Generally speaking, an experienced Texas drunk driving accident attorney will bring a legal action against the driver and the drinking establishment and attempt to recover damages according to their proportionate negligence for the accident. For example, if a customer is over-served and then goes out and injures someone in a drunk driving accident, the drinking establishment becomes liable for a percentage of damages that are determined by the court. If the injured party sustains a half of a million dollars in damages and the bar is found to be twenty percent liable, then the bar owes $100,000. The drinking establishment is never held 100% responsible. The purpose of dram shop laws is not to allow drunk drivers to avoid responsibility for their actions but rather to make all negligent parties accountable for their roles in contributing to the occurrence of drunk driving accidents.

What Constitutes Proximate Cause?
The majority of those individuals who oppose the dram shop laws are aware of the impact of proximate cause on drunk driving accidents. In any drunk driving accident the proximate cause is the individual who indirectly contributed to the cause of the accident. Although this possible defendant wasn’t involved directly in the accident, he or she did something to make the accident happen.

To illustrate, if a driver swerves into oncoming traffic and another driver must swerve to avoid hitting him, which in turn causes this driver to ram into a storefront, the first driver is the proximate cause of the accident despite the fact that he was not actually in the accident.

Dram shop laws require that a bartender must be aware of the dangers of over-serving his customers and then letting them drive. If the customer injures or causes the death of another individual in a drunk driving accident, then the bar is the proximate cause of the injury or fatality.

Server and Bartender Responsibilities
Bartenders have a serious responsibility in the regulation of their patron’s drinking. As a result, the Texas Alcoholic Beverages Commission has set up rules and regulations to train bartenders and servers to be able to recognize patrons who are on the verge of inebriation and to stop the sales when they have reached the point of public intoxication. The goal of these laws in dram shop cases is to do whatever possible to ensure the safety of the public.

The law states that every establishment that serves alcohol must have a TABC liquor license and that all servers who are employed by a licensed bar be trained to know all the guidelines, rules, and expectations necessary to recognize the warning signs of drunkenness in patrons.

Additionally, drinking establishments have put policies in place describing how servers must track the alcohol consumption of various customers. Tally sheets, hand signals, electronic tracking systems, color-coded glasses, or coasters are just a few of the methods used to monitor the quantity and potency of alcohol being consumed by the patrons.

For the most part, these methods are usually effective. However, there are those rare instances when other methods must be used to deal with intoxicated customers. In most cases, a manager will intervene to cut off service. There are times in which the matter becomes more complicated when the patron sneaks in a flask in order to consume more liquor than the bar will allow. When this occurs, the manager should confiscate the flask and cut off service to the customer. Further, food should be provided to customers to assist with the absorption of alcohol. Finally, the manager should arrange for a safe ride home for the patron. The only way the drinking establishment can avoid liability is to follow these steps.

Spotting Indicators of Intoxication
It is not difficult to recognize drunkenness and servers are expected to be on the lookout for it. This TABC requirement states that all servers should watch for signs of “obvious intoxication” in their customers. Signs such as slurred speech, falling asleep in a chair or at the bar, swaying while walking, sitting or standing, inability to express thoughts, and aggressive or violent behavior are all signals that the customer has had enough to drink and should be cut off immediately.

Recognizing signs of intoxication is more difficult with those who drink on a regular basis and “hold their liquor” better than others. In these individuals, the signs of intoxication are not as easily seen. It is for this reason that servers must make note of when they have served enough drinks to make the customer intoxicated. It is at this point, that service to the customer should be cut off. As a general rule, a patron should not be served more than two beers or glasses of wine or one shot or cocktail per hour. If this limit is exceeded, intoxication will very likely occur.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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The Safe Harbor Defense

In cases where every precaution, according to TABC guidelines, was taken and the patron still becomes involved in a drunk driving accident, the drinking establishment can plead the safe harbor defense to avoid liability for the harm caused by the accident. However, it should be noted that the defense must be able to prove the bar met every state guideline in order to use the safe harbor defense. If they are able to do so, then the drinking establishment is provided immunity from any lawsuits.

On the other hand, there are drinking establishments that try to use this defense even though they have not met all the safety guidelines for responsible serving. This being the case, it is very important to have an experienced legal representation if you want to receive your deserved compensation from the negligent drinking establishment. The Texas drunk driving attorneys with our Law Firm have years of experience with dram shop laws and know how to perform a thorough investigation and conduct depositions that will be used to prove that the drinking establishments failed to fulfill their duty to serve customers in a responsible manner. Our firm can help you to prove your case and obtain fair and reasonable compensation from the negligent drinking establishment that served the patron who caused your injury.

Our Law Firm Can Help
The basic rules concerning drunk driving accidents in Texas are fairly straightforward. However, the actual resolution of cases involving dram shop laws can be very challenging.

Drinking establishments that do not uphold their duty to serve their patrons responsibly should be held accountable for their liability in contributing to a drunk driving accident, injuries, or death. Unfortunately, this is not an easy task and it should not be attempted without experienced legal representation. The Texas drunk driving attorneys with our Law Firm can provide the assistance that is needed in these cases. Give us a call today for a free consultation and we will be happy to answer any questions you may have regarding your case and provide information on how we can help you recover from the injuries you have incurred.

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Fentanyl Pain Drug Accident Injuries and Fatalities – Were You or a Family Member Harmed by this Powerful and Addictive Drug?
Fentanyl is a powerful pain medication – 100 times more potent than morphine. It is often used to treat chronic pain in cancer patients. Fentanyl is also used in surgery and ICUs as both an anesthesia and analgesia, typically in conjunction with benzodiazepine in which the two combine to be a potent painkiller.

While Fentanyl can be received through a lozenge, nose spray, or inhaler, its most common method of introduction is through a Fentanyl timed-release trans-dermal pain patch whereby the drug is administered through the skin and released into the bloodstream over a time period of 48 to 72 hours.

Unfortunately, the power of this drug that brings relief to thousands of pain sufferers across the state also has the ability to cause death if it is administered improperly, if taken by those without need for it, or if a Fentanyl transdermal patch leaks. In fact, the Food and Drug Administration has received hundreds of reports regarding Fentanyl fatalities due to fentanyl gel leaking from the patch, causing patients to overdose when they receive much more of the drug than their bodies can handle. Multiple fentanyl lawsuits have been brought against various manufacturers for their involvement in fentanyl deaths in the past few years: including several class-action lawsuits.

Several Major Fentanyl Duragesic Patch Recalls Have Been Made
A number of fatal Fentanyl overdoses have been directly tied to the drug over the past years: most of them pertaining to the time-release patches. While the narcotic itself that is contained in the patches was safe, excessive amounts of Fentanyl ended up being absorbed by patients, resulting in life-threatening side effects and even some deaths. Consequently, the makers of Fentanyl have issued multiple recalls for the Fentanyl trans-dermal patches. But even though recalls may be in effect, the manufacturers of these patches are still responsible for their products that are still circulating in public.

Janssen Pharmaceuticals issued the first recall of Fentanyl due to possible leaks in one lot. The company later recalled additional lots for the same issue, known as “fold-over defects.” Other defects were later discovered by the FDA, known as “stringer leaker” defects.

Alza Corporation recalled about 32 million Duragesic patches due to the fact that small incisions in the gel packets could cause leakage leading to Fentanyl overexposure to patients. Even small amounts of exposure to the drug could cause death in people considered intolerant to opioids.

Just a few days following the Alza recall, Actavis Inc. recalled 14 lots of Fentanyl transdermal patches. PriCara, a Johnson & Johnson unit, recalled Duragesic pain patches due to leakage issues that can lead to Fentanyl overdoses. Other affected Fentanyl manufacturers who have also issued recalls include the international pharmaceutical corporations of Sandoz and Cephalon, Inc.

If you have been harmed or lost a loved one to this drug, our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Fentanyl Brand Names and Alternative Delivery Systems
Some of the recognizable brand names by which Fentanyl (or Fentanil) includes:

Durogesic or Duragesic, made by Alza Corp., a subsidiary of Johnson & Johnson;
Generic versions of Duragesic are made by Sandoz, Mylan, Watson, and Actavis;
Actiq, a Fentanyl lollipop made by Cephalon, Inc.;
Sublimaze, made by Janssen Pharmaceutical;
Fentora, made by Cephalon, Inc.;
Onsolis, an inner-cheek Fentanyl adhesive made by Aveva Drug Delivery Systems;
Instanyl, a Fentanyl nasal spray made by Nycomed;
Abstral, sublingual Fentanyl tablets made by ProStrakan, Inc.;
Fentanyl patches are sold in five different dosage strengths: 12.5 mcg/hr, 25 mcg/hr, 50 mcg/hr, 75 mcg/hr, 100 mcg/hr. Patches deliver Fentanyl continuously for three days.

General Fentanyl Side Effects
The side effects of long term Fentanyl usage can include any of those listed below. If one is suffering from an overdose, any of the following symptoms can become highly acute within a very short period of time:

Abdominal pain
Anxiety
Confusion
Constipation
Difficulty walking
Dizziness
Drowsiness
Dry mouth
Headache
Indigestion
Itching
Nausea
Vomiting
Weight loss

Severe Fentanyl Side Effects can Include:
Allergic reactions
Rash, hives, swelling of the mouth, face, lips, or tongue
Hallucinations
Rigid muscles
Seizures
Slow heartbeat/irregular heartbeat
Slowed breathing
Trouble breathing
Weakness

Actiq Lollipops
In addition to the issues outlined above in regards to Duragesic patches, the active ingredient in Actiq lollipops is also fentanyl. And the drug has also caused these candy-flavored suckers to become problematic in regards to proper prescription and safe usage of this particular type of painkiller. While Actiq has been found to be highly beneficial toward assisting acute pain sufferers in receiving relief in a short amount of time, these Fentanyl lollipops have reportedly been improperly prescribed to patients who are not suffering from severe pain. It is also common for those who are legitimately prescribed this pain medication delivery to overuse the narcotic.

Consequently, the overuse of Actiq lollipops has resulted in injury and harm to those who never should have been prescribed the drug in the first place. Additionally, Cephalon, Inc. has been questioned as to its marketing practices for the drug and been forced to answer allegations that they describe the drug as purposeful for such common issues like headaches or chronic back pain. Actiq lollipops are intended to be used only by those suffering from pain related to cancer. However, such patients account for only a small portion of users of Actiq. Those who suffer serious consequences as a result of using Actiq due to the misleading of a doctor may have grounds for a medical malpractice lawsuit in Texas.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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What Sort of Liability Lawsuit Might be Filed on Your Behalf

Depending on the circumstances surrounding your case, your general legal options find you filing a malpractice suit against the doctor or other prescribing medical professional who, through negligence, misprescribed fentanyl to you: maybe the lollipops for pain other than that normally associated with cancer treatment pain management. Maybe it was prescribed because you have terrible migraines or some other chronic condition and the physician read in some bulletin that fentanyl might be advisable, but did not consider your entire pain management regimen.

The other option surrounds defective Duragesic patches that might have done you extensive harm. Compensation relief is usually sought in such cases through a defective product lawsuit.

Drug Companies, Doctors and Their Insurers Will Fight your Negligent Liability Case Very Aggressively
When you take on the “medical-industrial complex” you must accept one thing. The healthcare industry has very deep pockets and some of the most powerful insurance companies on the planet to protect them from lawsuits. These insurance companies also have very good lawyers either on-staff or on permanent retainer. And the moment they know you’re on the warpath against their employers (and the doctors and drug companies they underwrite) be prepared for a back alley fight by people who don’t like to lose and aren’t used to being beaten.

Another thing to consider, especially if you are considering a malpractice lawsuit is the fact that tort reforms in Texas now limit the damages that can be paid by any guilty negligent healthcare provider to $250,000. So if the worth of your lawsuit exceeds this amount, you have little chance of receiving what you ask, even if the medical defendant ends up being guilty of the charge of malpractice.

Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State
These days, if you watch any television at all, you can’t avoid seeing some of the many lawyer commercials who are “trolling for clients” who might have been hurt because of some substandard product. Lately, a lot of them surround defective product class-action suits on behalf of those harmed by Fentanyl Duragesic patches or Actiq lollipops. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer of record is in California or New Jersey or some other state outside of Texas.

This is likely a commercial for a defective product class-action lawsuit. A class-action suit is just what it sounds like. It involves a “class” of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large “class” of plaintiffs often gets more attention and interest from the courts when filing their case and can be placed higher on the court’s docket. Then, when the class-action suit wins (or their lawyers have settled) all plaintiffs get to take a fair piece of a very large monetary compensation package. Some class-action suits have produced eight and even nine-figure injury awards. A class-action suit can be a remedy if you can find enough people who have suffered the same injuries or have the same manufacturer in their crosshairs. But it’s not one of those situations where you just get on the filing list, hoping to get a nice payday when it’s all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in that state. Many times, these “front” attorneys in each individual state do almost no work when it comes to preparing the case, but still get a nice fee to do little more than “client intake” work. The way we see it, such intake firms are really getting nothing more than a sales commission, not actual legal fees. All that these “intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two, send the paperwork up the line, then get a “cut” of the legal fees for their minimal contribution to the class action lawsuit.

We’ve been approached by many out of state class action firms many times. But we decline all overtures unless we do real legal work on behalf of OUR clients that we take on the case’s behalf. Short of that, we don’t bird-dog for other law firms. There are synergistic elements to class-action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else’s line. We also believe this kind of “faux legal representation” is not always ethical. Sometimes the out of state attorney-of-record might have the sort of reputation we are uncomfortable with. And we are all judged by the company we keep.

We have enough experience by ourselves to handle a class-action product liability suit. And we have been the attorneys of record in class-action suits in the past, when it was appropriate. But we prefer to be the primary counsel of record. With the help of a defective drug attorney with our Law Firm, your case will be investigated, argued, and judged on its own merits: not lumped in with others that could ultimately endanger your rights. Plus, if the class action case you’re involved in turns out badly, there’s a pretty good chance that double-jeopardy might attach itself to it and you have lost your only opportunity at winning rightful damages. That’s why you will never be someone else’s number to us. So if you see a commercial for an out-of-state lawyer, think of what you might be getting yourself into and call someone local. It’s always your best bet.

Call Us Today
The defective drug injury lawyers at our Texas Law Office can help if you or a loved one has suffered a physical injury resulting from a defective Fentanyl pain patch or the misprescribing of Fentanyl when the facts of your medical problem did not justify it.

Our Law Firm has over 30 years of quality and successful experience in handling personal injury litigation regarding medical malpractice and defective product prescription drug cases. If you or a loved one has been a victim of Fentanyl or any other dangerous or defective drug, our expertise assures that you receive the fairest compensation possible for the injuries and pain you have suffered. We’ve helped deliver millions of dollars to hundreds of victims in Texas. And our experienced injury lawyers can help you win the best compensation possible for you.

Call us today for a free consultation to continue your road to total recovery and resume your life.

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Texas Lawyers Discuss Pharmacy Errors, Pharmaceutical Mistakes & Pharmacist Malpractice

In the world of modern medicine, pharmacy error accounts for about 10,000 deaths and several times that number of serious injuries every year. Studies estimate that as many as 1 in 30 prescriptions are incorrectly filed. Even in cases when the mistake does not directly cause injury to a patient, it does prevent that patient from receiving the medication he or she needs.

This is one reason why there are virtually no victimless pharmaceutical mistakes. Our pharmacy malpractice attorneys are here to tell you how these cases work, what you are up against, and how an experienced, unruffled attorney can benefit your claim.

Pharmacists are the final line of quality control between your doctor and you, the patient. Doctors write prescriptions. Pharmacists fill them. And there’s more to the job than mixing pills in a bottle properly. They also compound medications from time-to-time as well as counsel and teach people about them. Sometimes instead of going to a doctor for a minor pain or to learn more about a specific drug you’re taking, you talk to your pharmacist. But sometimes they can be careless or negligent. There are several professional areas of responsibility where pharmacist negligence could cause you harm. They can incorrectly dispense the wrong dosage, or give you the wrong medication, or incorrectly transcribe the wrong dosage or other instructions that go on your medication container.

There is a pharmacist shortage in this state that approaches the critical stage. This is why pharmacy technicians and other support personnel are used to stretch the limited number of pharmacists available; especially among the largest pharmacy retailers in the state. These “Pharm-techs” must be supervised by a pharmacist, without exception!. Pharmacist negligence involving supervision causes many medication errors each year.

Because of these responsibilities, there are four areas in which a pharmacist (and by-definition, his or her employer) can cause medical malpractice (with pharmacy error being a sub-category) and be found legally negligent:

The compounding of prescribed medications.
The dispensing of prescription medicines.
Teaching and counseling their customers.
Improperly supervising the employees who work for them.

It’s sometimes very difficult to tell if a health problem you are experiencing might have been caused by negligence by your pharmacist. But an experienced local malpractice lawyer can help you determine whether or not it might be the case.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Pharmaceutical Errors Typically Fall in One of Two Broad Categories

There are two primary ways in which pharmacy errors of negligence will trigger a malpractice investigation. They are:

When a doctor commits an error writing a prescription, leading to a patient receiving the wrong medication or an incorrect dosage of the correct medication.
When a pharmacist commits an error in filling a prescription, resulting in the same issues.
We are not including any problems relating to the prescribed drug itself, so long as the prescription was correctly written, dispensed, and filled. Those injuries fall under product liability claims. And those are sought separately against the drug’s manufacturer.

The type of lawsuit you must file depends on the type of pharmacy error committed, though in either case, you will be filing a medical malpractice claim. In some cases, you will be filing a case against both the doctor and the pharmacist if they both committed a mistake. Either way, the simple answer to your quandary is your need for an experienced legal professional.

Medical malpractice lawsuits are some of the most complex in the personal injury world. In the 30+ years that our Texas Law Office has been practicing, we have heard of many people trying to represent themselves in medical malpractice cases. And we’ve yet to hear a success story. Medical issues are extremely complex. These cases often involve assistance and testimony from expert witnesses in order to grant legitimacy to your negligence claim. In addition, lawmakers recently revised many of the laws surrounding medical malpractice claims in order to make medical professionals more resistant to lawsuits. This tort reform established a number of specific conditions that your case must meet in order to be successful. And if you are, there is a cap on the amount of money that any jury can award; even if it would like to give you more. But a non-attorney has little – if any – understanding of or experience with these conditions, much less how to meet them. And few under-experienced attorneys are willing to try.

But you are not without a stout-hearted ally. The pharmacy malpractice lawyers of our Law Firm can help you build the strongest possible pharmaceutical malpractice lawsuit. They are intimately familiar with medical malpractice laws: both before and after the recent tort reform and have successfully resolved hundreds of medical malpractice cases for his clients.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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Pharmacy Malpractice and the Investigations that Unmask it

Medical malpractice is a broad term that covers the types of cases that can find any of the following healthcare providers (and their employers) as defendants against an injured plaintiff.

They are:

A primary-caregiver (doctor) or surgeon, anesthesiologist, or obstetrician.
Any nurse, or specialized hospital technician, who was involved in the injured patient’s care.
Chiropractors and some aftercare therapists.
The hospital or healthcare facility itself.
Dentists, dental hygienists, and other dental care specialists.
A nursing home attendant.
A private nurse.
A pharmacist or pharmacist assistant.

It makes no difference if these offenders worked alone or together, whether they were aware of anyone else’s error or not. If they helped produce additional injury, illness in the patient, or created further pain and suffering, the victims of that malpractice (or the surviving family members if the negligence caused a death) can seek damages from each liable party, in proportion to their contribution to this pharmacy malpractice injury.

One reason that malpractice lawsuits are often the most challenging forms of personal injury or wrongful death cases that you will find in Texas is the simple fact that the medical profession is by its very nature, is highly technical and very sophisticated. In short, a lot of finger-pointing goes on between multiple defendants. And players can even change sides if, for example, you begin filing a claim or lawsuit against a pharmacy corporation, and then an FDA warning bulletin is released saying the drug in question is not safe. Then suddenly, your corporate opponent becomes an ally against the makers of the drug. That scenario aside, laying the proper blame for a pharmacy error can be a very difficult order for your legal investigative team. These are only a few of the many reasons why injured victims have no better than a minuscule chance of winning a Texas pharmacy malpractice claim without the legal help of an experienced lawyer.

A skilled attorney knows how to locate and retain the ideal pharmacological experts to thoroughly review your prescription records, determine whether your lawsuit is justified, and then back up your claims in court. These experts can also help determine the degree of liability from everyone who was involved in your inferior prescription malpractice case. Our experienced attorneys have the means and the skill to apply that thorough investigation of your claim and assemble this evidence into an effective strategy that gives you the best chance to be compensated for your damages.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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The Even Greater Difficulty of Proving Pharmacy Malpractice in Texas
All personal injury lawsuits have their difficulties. But there are several that are unique to any malpractice case when a plaintiff decides to seek compensation for an injury through a Texas malpractice lawsuit. Probably the most prominent impediment is the limit on the amount of damages that can be awarded in malpractice-related injury lawsuits for your pain, suffering, medical bills, lost wages and other appropriate damages.

Some years ago under a cause they called “tort reform,” and due to intense pressure by doctors, the insurance industry and their lobbyists, the Texas legislature passed several laws which together, have clearly tilted the medical malpractice playing field in the favor of the doctors, pharmacy corporations and their workers. Simply-put, when it comes to any malpractice civil case, with very few exceptions, there are now some damage award caps. That means if a pharmacist is legally liable for $500 thousand in damages, the judgment awarded will be no better than half that amount. But there are remedies for this “damage cap” challenge which we’ll discuss in a moment.

As the plaintiff in a civil case, the victim of medical malpractice (or the family survivors if the negligence produced the death of a loved one) bears the burden of proof in any civil lawsuit in Texas. You the victim, along with your malpractice lawyer, must prove that one, or several, medical defendants caused your injury. And it is the plaintiff/victim’s responsibility to seek legal action against that liable party. You can’t simply wait around to be reimbursed for it from those who were negligent in your care out of the goodness of their heart. You must force them to pay, either in court or out-of-court negotiations.

It is possible that some other negligent medical professional was involved in your injuries that the pharmaceutical malpractice merely amplified. There could be several other defendants. We’ll never know until we investigate your injuries. But one thing is certain. All defendants in any sort of malpractice claim or case believe that they owe you nothing unless you legally compel them to properly pay for your damages through a personal injury or wrongful death lawsuit. And in order to force those liable for your injuries to pay you fair compensation, your local medical and pharmacy malpractice lawyer must build a compelling case; using strong and substantial evidence that forces all liable parties to accept responsibility by proving the parts they played in your injury.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Medical Professionals Owe You a Very High Legal Duty and can Sometimes Violate that Duty Inadvertently

In malpractice, a legal duty is described as a “standard of care,” as opposed to most other legal duties that simply involve standards of behavior. Medical professionals owe their patients a certain standard of care that is in proportion to their peers’ standard of care. More simply-put, doctors and all healthcare professionals must treat their patients as others in their same field of specialization would treat theirs. Due to its superior position in society, the medical profession is held to a much higher standard since these professionals receive years of highly-specialized (and very expensive) training. Doctors receive up to 10 years of education and extremely rigorous certification in order to be qualified to safely treat their patients. They are also supposed to acquire what is hoped will be a great sensitivity to their patients’ physical and emotional needs during that care. This is why society in-general needs for its medical professionals to not only be knowledgeable when it comes to their ability to properly and correctly care for a patient. And though lesser-educated medical professionals might have a modestly lower standard of care, pharmacists are generally held to a higher standard of care usually reserved for doctors; since licensed pharmacists receive up to six or seven years of formal education in pharmacology and must continue their education as more and more sophisticated drugs are released to the public in order to retain their accreditation.

Once a standard of care has been legally established, the next duty of the plaintiff in a malpractice case is to clearly prove that the responsible medical professional (in this case the pharmacist or one of their employees) who violated that standard of care is particularly liable for your injuries. But very few people have even the minimal required knowledge to understand, or even know, why a pharmacist chose to do what they did. This is why expert witnesses and other experts must be retained by your malpractice lawyer to determine whether or not any pharmacy professional has violated their professional standard of care. These expert witnesses, usually doctors and pharmacists themselves, must have years of parallel experience in the same fields as the defendants in order to be of value to your Texas pharmacy malpractice claim.

Specialized witnesses properly and accurately determine whether or not a standard of care was violated, by whom, and the degree of that violation. We can help you locate these expert medical witnesses, either in Texas or across the U. S. in order to clearly prove your allegations that a pharmacy professional actually breached their required standard of care. This is vital if your malpractice case is to be a success.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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How Tort Reform has Changed the Texas Malpractice Landscape, Especially When it Comes to Collecting Damages

As we mentioned, one of the real-life challenges to full compensation in medical malpractice is the “damage cap” limit. This is why it is most important to have an excellent investigative team on your side that can identify every liable party to your malpractice. If three medical professionals are found to have been negligent in your care, the chances of receiving reflective compensation go up by combining the damage amounts from all three defendants.

But in each individual case, “non-economic damages” (such as pain, suffering, lost future income, and the like) are capped at $250,000. “Economic damages” (the actual cost of your medical bills as a result of the malpractice) must be specific and may not be punitively raised.

Before tort reform, anyone could sue any medical or pharmacy professional for as much as they wanted and there was no limit to the amount they could collect. At times, this led to juries awarding unreasonable damages. But, aggressive medical, pharmacy, and insurance industries pushed back, along with the legislators they influenced, with a series of laws that helped the medical-industrial complex, but failed to adequately address the problem of legitimate malpractice victims. So the result of creating damage caps ended up benefiting these powerful industries to the detriment of malpractice victims who have legitimate damage claims.

Today, it’s much more difficult for any malpractice victim to recover true value, in both the short and long run, of their injuries, pain, suffering, and lost wages from any single malpractice civil action, including pharmacy malpractice plaintiffs. That’s why it’s so important for your pharmacy malpractice lawyer to fully investigate all features of malpractice. As we mentioned, other caregivers may also be responsible for those injuries.

We want to tell you that Texas tort reform benefit caps also make the insurer behave more arrogantly in negotiations. This should give you an idea of how hard it is to negotiate a fair settlement with these companies. Damage caps embolden malpractice defendants, their attorneys and the insurance companies to act more belligerently toward your case. They know it’s easier to bully you into accepting a ridiculously low settlement, especially if you’re representing yourself or your legal counsel is inexperienced. They’ll lead you down the painful path to defeat.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Your Opponents: A Large Pharmacy Retailer and Their Insurance Companies

How many large corporate pharmacies do you see when you drive around town? We can think of three mega-pharmacy companies that have about 2/3 of the national prescription market locked-up. And they have an arrogance about them, especially when you try and get them to right a wrong; especially if it involves them paying you for legal damages. These companies and all pharmacy chains. But for a few holdouts, the local pharmacy landscape no longer has any more “corner drug stores.” These corporate megaliths have the best lawyers and the highest-priced insurers to run to their rescue when one of their employees harms you. And they know they are responsible due to the legal notion of respondent superior which basically means that while those employees are on-duty, the corporation that employs them is ultimately just as liable as the employee (and pharmacist) who made the critical prescription error.

The insurance companies are excellent and aggressive at defending these negligent pharmacies as well. Their adjusters are just as dangerous to a malpractice victim as the defense lawyers who represent their companies; maybe even worse. Adjusters’ goal is to help their employer, not you. They are interested solely in saving their companies money by denying your claim or underestimating the cost of the malpractice, or placing obstacle after obstacle in your way and make that just compensation just barely out-of-reach. An adjuster acts like your sympathetic friend and constantly assures you that all of your needs are met; only to cut you off at the knees when it’s time to pay-up.

Insurance adjusters are very clever. They ease you into a false sense of security. Often they might innocently try and record you saying something that is later twisted into sounding like your filing a nuisance lawsuit, or that your real injuries are not as bad as you legally claim. Remember, insurance companies are in business for themselves, not you. Some unscrupulous adjusters even convince uninformed injury victims of any type – often deceptively – to sign away the legal right to sue in exchange for a small settlement that never comes close to compensating the victim’s injuries or other losses from a case of pharmacy malpractice.

There’s only one way to stop insurance adjusters in their tracks. Hire an experienced Texas pharmacy malpractice lawyer. That way you don’t have to deal with them at all. Our clients know that adjusters deal with us. And they can record us all they want. We’ll never say anything that can come back to haunt you. And the words you don’t say to an adjuster, no matter how innocent, will never be used to hang you in court.

Insurance companies are even prepared to fight your claims before malpractice even occurs. Their experienced attorneys are either on staff, or permanent retainers. They’re just waiting to take on personal injury claims because they do it for a living. They specialize in cases like yours and know every trick imaginable to tilt the case in favor of their insurance company employers. This is why you mustn’t hesitate in finding a pharmacy malpractice law firm to help you. You only get one bite at the compensation apple. So you must make it the proper one because once you’ve taken it, you’ll never get a second bite.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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Your Pharmacy Malpractice Case and Civil Trial Juries
No more than a third of all personal injury claims in Texas actually make it to the courtroom. The rest are either dismissed due to technicalities (possibly from the actions of inexperienced plaintiff attorneys or result in a negotiated settlement. In the world of personal injury, trials are the last, and least attractive, resort. Every avenue of reaching a fair settlement has been exhausted, usually because the defendants and those who represent them resist. A trial is the only way left to sort it out. Tort reform damage caps might make insurance companies in malpractice cases less-willing to settle. But if the malpractice investigation reveals obvious negligence (which is relatively easy to prove in court if the case is strong) and your damages appear to fall under that cap amount, the odds of a settlement are better. Pharmacy malpractice insurers also know that trials cost money and time and if the evidence is against them, it’s an unattractive gamble. So it eventually comes down to the question of, what costs the insurer more: losing the case in court (on top of the trial’s cost) or a fair settlement?

So it’s possible for both sides to see reason and settle because when it comes to civil juries, you just can’t trust them to do what you hope. Registered voters are chosen as potential jurors in both civil and criminal cases. When they show up for jury duty, it’s usually reluctantly. And if they’re chosen, these empaneled citizens would rather have a tooth pulled than be cooped-up in a courtroom, listening to a bunch of lawyers drone on-and-on about your complicated legal case. They find it hard to constantly have to pay full attention to minute facts surrounding a technical malpractice case. And malpractice trials involve a lot of technical experts who aren’t very engaging when it comes to explaining complicated things with polysyllabic words that are hard for some jurors to understand. We’ve see jurors “rest their eyes” a few times. And once or twice we’ve even heard a juror quietly snore.

The ambiguity of juries alone is enough for most to appreciate why a jury trial is a very risky proposition for both sides. And it’s not hard to appreciate why only around 10 percent of all civil cases eventually reach their logical end with a verdict. Yes, the longer the legal argument goes on between the plaintiff and defendant, the better a fair settlement looks to both. Many times we and our clients have agreed to 11th-hour settlements and they are typically worth the protracted effort.

Enlisting the Assistance of an Experienced Pharmacy Malpractice Lawyer is the Smart Move
We hope you don’t learn too late that you should have hired a capable local pharmacy malpractice attorney after an insurance company and its attorneys have destroyed your claim of liability: because you won’t get another chance.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient. Call us today for a free consultation.

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In Texas, malpractice lawsuits (and pharmacy negligence in particular) are very complex and pose too many obstacles for a victim to represent themselves, or unwisely choose the wrong legal counsel. The amount of information you must first find, then present in order to prove your claim is a huge burden. The crucial ability to properly investigate the facts of the case and call on expert witnesses, not to mention the skill to see a complicated malpractice lawsuit through to a successful damage award, is clearly beyond the limited legal knowledge of a layperson, as well as the many law firms that do not specialize in personal injury. And sadly, tort reform has thinned-out the number of law firms who are willing to represent plaintiffs in malpractice cases.

But we do have some valuable free advice for you, regardless of what malpractice lawyer you hire.

Before you speak with an insurance company, or accept even a single dollar of payment or compensation, or sign anything, or attempt to file a lawsuit on your own, you MUST contact an experienced attorney. If you contact us for a free consultation, we will quickly tell you all your legal options and how we can help you recover the rightful damage compensation for all harm done you by every negligent healthcare defendant who’s liable for this malpractice.

Once our Law Firm is on the case, we will:

Help you seek proper medical attention if you still need it.
Contend with any insurance adjusters or insurance companies on your behalf.
Thoroughly investigate your Texas pharmacy malpractice claim and gather every bit of evidence to prove your case.
Contact and retain recognized expert witnesses to testify on your behalf.
Deal with all communications with all involved parties (including aggressive insurance adjusters) compose, receive and manage all correspondence. In other words, we take care of ALL the paperwork and every contact.
Clearly prove all parties’ liability and the damages they caused to win the best and fairest compensation amount for your pharmacist’s negligent injury.
Tirelessly and aggressively negotiate a fair settlement for you with the defendants, insurance companies, and the attorneys who represent them so that you may not have to even see the inside of a courtroom.
Faithfully and diligently work to present the best case possible for you in court if a trial is necessary.

We are Here to Help You Forcefully Defend your Malpractice Compensation Rights
Rare is the instance where these medical defendants are not covered by various insurance policies. And though this is good news because you know the money is there to compensate you, it’s certain that a malpractice lawsuit which is filed against any (or multiple) liable parties will draw aggressive opposition from every insurance corporation involved in the case. If you or a loved one has suffered injury or illness as the result of pharmacy malpractice, contact the malpractice attorneys at our Texas Law Office for a free and confidential consultation.

We want to help you win justice and the compensation you need for your full recovery, and hold every negligent healthcare professional responsible for their negligent behavior so this won’t injure or harm other unsuspecting patients in the future. If your claim is legitimate and your injuries are significant enough to reasonably justify bringing a malpractice claim, we can share the actual merits of your case with you and outline the steps that we need to take together in order to realize success.

The experienced pharmacy injury attorneys of our Law Office have over 30 years of experience in calculating, then proving, the correct amount of our clients’ damages, in addition to aggressively representing them against negligent healthcare professionals of all types, their well-funded employers, insurance companies and the powerful lawyers who represent them. This enables you to receive the fullest and fairest negotiated settlement, or civil trial award for your malpractice-related damages. We can help you on your road to recovery. And the damage compensation we can win for you is vital to you and your family’s healing.

Pharmacy companies and healthcare providers, along with the insurance companies that protect them know how successful our firm has been. So, when they learn that we are on your team, they may offer you a sizable settlement just to avoid facing our attorneys in court. We are dedicated to doing whatever it takes to get you back on your feet as quickly as possible. So if you or someone you love has been hurt due to a pharmacy error, contact the pharmacy malpractice lawyers with our Law Firm today. Let us help you seek the settlement you need and the justice you deserve.

Our Law Firm can help you identify all responsible parties in your malpractice suit, and assist you in seeking fair compensation from them for their negligent behavior that made your injuries even more painful. And we can also work to make certain they will not repeat their careless actions and harm some other unsuspecting patient.

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