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Arlington Heights pharmacy malpractice attorneysThe majority of U.S. residents take prescription medications from time to time. Unlike over-the-counter medications like aspirin, prescription medication must be prescribed by a physician and are typically dispensed by a pharmacist. The reason many medications are only available through a doctor’s prescription is because the medications have the potential to be abused or cause dangerous side effects. When we take a prescription medication, we trust that the medication will be safe and effective. Unfortunately, harmful medication mistakes happen to countless individuals every year in the United States.

Types of Medication Errors

Medication mistakes often occur due to an oversight or mix-up at a doctor’s office, hospital, or pharmacy at which a prescription is filled. Some of the most common medication mistakes include:

  • Mixing up “sound alike” medications with similar names such as hydroxyzine and hydralazine
  • Administering the wrong type of medication to a patient in a hospital
  • Giving a patient too little or too much medication
  • Skipping doses of medication
  • Prescribing or administering a medication the patient is allergic to
  • Prescribing or administering a medication that negatively interacts with another drug
  • Mixing up patient files
  • Failing to adequately warn patient about drug interactions or side effects
  • Failing to provide adequate instructions regarding how to take the drug
  • Mislabeling medication
  • Incorrectly manufacturing a medication that results in a medication defect

Bringing a Medical Malpractice Claim for Drug Errors

If you or a loved one were the victim of a drug mistake, you may be interested in bringing a legal action against the liable party. The party legally responsible for a drug mistake may be a medical professional such as a physician or a pharmacist, or it may be an organization such as a nursing home, hospital, or drug manufacturer.  To bring a successful medical malpractice claim for a medication error, you and your attorney will need to show that:

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Arlington Heights personal injury attorneysAlthough it may seem like second nature to experienced drivers, driving a vehicle takes a great deal of attentiveness and concentration. When a driver is distracted by his or her cellphone, GPS system, stereo, or even other vehicle occupants, the driver can make critical errors. Distracted driving is estimated to cause over 1,000 car accident injuries and approximately nine deaths every day in the U.S. In fact, some experts say that distracted driving has become an even greater danger than drunk driving.  If you or a loved one were involved in a car accident caused by a distracted driver, you may be entitled to compensation.

Proving a Distracted Driver’s Negligence

Through a personal injury claim, you may be entitled to compensation for the costs incurred by your accident. You may receive compensation for your medical bills, vehicle damage, future and ongoing medical expenses, lost wages from missed work, and reduced earning capacity. If your loved one was killed in a distracted driving accident, you could be compensated for the loss of his or her financial support and household services, funeral and burial expenses, and more. However, to win a personal injury claim and recover compensation, you will need to prove that the driver’s negligence led to your injuries or your loved one’s death. An experienced personal injury lawyer can help you gather evidence that demonstrates the driver’s negligence. Police reports, photo and video evidence, data from the vehicles’ event data recorders, accident reconstruction, and eyewitness testimony may all be used to prove the driver’s fault.

Texting and Driving is Against the Law in Illinois

When a driver looks down at his or her cellphone or other electronic device, he or she cannot possibly pay attention to the road simultaneously. Texting and driving or using other smartphone applications while driving has led to countless car accidents in Illinois and across the U.S. Because of the danger it poses, Illinois has established laws prohibiting the use of hand-held phones and other electronic devices while driving. If your accident was caused by a someone texting and driving, it is possible that the driver will be considered “negligent per se.” This is a legal doctrine that makes an action automatically considered to be negligent because it is in violation of the law.

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Schaumburg surgical malpractice attorneysMost people are nervous before going into surgery. This is certainly understandable. There are countless things that could go wrong during a surgical procedure, and a successful outcome is never guaranteed. While some negative surgical outcomes are unavoidable, other times, a patient’s injury or death during surgery is the result of medical malpractice. If you or a loved one were the victim of a surgical error, you may be entitled to financial compensation through a medical malpractice claim.

Medical Standard of Care

A surgeon, just like other medical professionals, has a duty to provide reasonably skilled medical treatment to the patients in his or her care. A surgeon fails to uphold this crucial duty if he or she provides treatment that violates the medical “standard of care.” The medical standard of care is the type of care that a medical professional of similar training and status would have provided in a comparable situation. In most medical malpractice claims, medical authorities offer expert opinions about whether the physician, surgeon, or other medical professional in question violated the medical standard of care.

Types of Surgical Mistakes That May Lead to Medical Malpractice Claims

Surgeons, like everyone else, may make mistakes from time to time. However, some mistakes are so egregious that they are unforgivable. One of the most disturbing examples of these so-called “never events” occurs when an item used during surgery is left inside of a patient’s body. Other examples of surgical errors that may often lead to medical malpractice claims include:

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Schaumburg car crash injury lawyerAccording to Illinois law, driving with a “willful or wanton disregard” for others’ safety is considered reckless driving. Unlike speeding or other minor traffic infractions, reckless driving is a criminal offense. If you were or a loved one were hurt in a car accident caused by a reckless driver, you may be eligible for financial compensation. The type of compensation you may be entitled to will depend on the circumstances of the accident, the severity of your injuries, and the costs incurred by these injuries.

Establishing the Reckless Driver’s Negligence

Criminal charges may bring a reckless driver to justice, but they do not provide restitution to the parties injured by the reckless driver’s actions. If your car accident was caused by a driver who was charged with reckless driving, you may bring a civil claim for damages against the driver in addition to the criminal charges he or she faces. However, a criminal conviction is not needed to recover compensation through a civil claim. You may still be entitled to financial compensation even if the driver was not charged or convicted of reckless driving.

To obtain compensation, you and your attorney will need to prove that:

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Arlington Heights personal injury attorneysPharmacies have the exceptionally important responsibility of filling patients’ prescriptions and dispensing medication. If a pharmacist or other pharmacy worker makes a mistake, it is possible that a patient could receive the wrong medication or the wrong dosage of medication. This may lead to serious or even fatal consequences. If you or a loved one were harmed because of a pharmacy error, you may have a valid medical malpractice claim.

Common Types of Pharmacy Mistakes

When patients take a prescription to the pharmacist to have it filled, most trust that they will receive the correct prescription in the dosage ordered by their doctor. Unfortunately, pharmacists sometimes make mistakes. If a patient does not recognize a pharmacy mistake before taking the medication, he or she may take a drug that leads to severe medical complications. Some of the most common pharmacy errors include:

  • Dispensing the wrong medication
  • Dispensing a medication in the wrong dosage
  • Giving the patient misinformation regarding the medication’s administration or dosage
  • Failing to account for drug interactions
  • Failing to account for patient allergies

Elements of Pharmacy Malpractice

If you or a loved one were the victim of a pharmacy mistake, you may be wondering what your legal options are. In order to bring a successful pharmacy malpractice claim and recover financial compensation, four main elements must be present:

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