Prescription and Medication Errors
Las Vegas Medical Malpractice Lawyers
Perhaps the most common form of medical malpractice in Las Vegas involves medication and prescription errors. In many cases, patients suffer serious injuries and medical complications simply because their doctor or nurse didn’t take the time to perform a quick check.
The Burris & Thomas, LLC is dedicated to the rights of injury victims, and proudly represents individuals who have suffered due to medical malpractice. When you retain our firm, you can expect dedicated counsel from an attorneys who truly care about helping you and your family recover and move forward.
You deserve fair compensation for the harm you have experienced. Contact us by calling (702) 529-3101 to learn how we can help.
Common Types of Medication Errors
Medication errors are alarmingly common in hospitals nationwide, and doctors, nurses, and pharmacists can all be the cause of these dangerous mistakes. The Las Vegas medical malpractice attorneys at Burris & Thomas, LLC have more than 45 years of experience with these complex personal injury claims and understand how to effectively pursue results on behalf of our clients.
These errors tend to fall into the following categories:
- Drug interactions – The more drugs that are prescribed to someone, the greater the chance for a deadly interaction. It takes only a minimum effort of a few seconds on a computer to see if the drugs being prescribed have dangerous interaction potential. Unfortunately, this is not commonly done, and patients oft times end up paying the price, sometimes with their lives.
- Wrong amounts/clerical errors – Nurses and pharmacists will often misread a prescription – for example, providing 5mg pills instead of .5mg pills. Doctors and nurses can also make mistakes while calculating the amount of a medication, often putting decimals in the wrong place.
- Ignoring or mis-charting drug allergies – It is still not uncommon for a patient to report an allergy, then, be given that drug by a nurse or physician who did not read the chart. Patients who are asleep or unconscious cannot communicate, so the allergy must be clearly written down and displayed for all to see.
- Being given another patient’s meds – In hospitals, it happens more often than we think that a nurse will give a prescription that was supposed to go to the patient “x” to patient “y” who is in the next bed over.
Have you or a loved one suffered at the hands of a negligent medical professional? Call the firm today to schedule a free case evaluation!
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$700,000 Settlement Amusement park device causes severe shoulder injuries.
How much is my case worth?
There are many factors that go into evaluating the settlement value of a personal injury case. It is not a simple matter of applying a formula. Typically, everyone thinks that their case is “simple” and “clear-cut”. Everyone tends to think that the amount of money they are seeking is “fair and reasonable”. That is human nature. However, the reality is that, in the end, a personal injury case is worth what a jury says it is worth. The job of the victim’s personal injury lawyer is to come up with a settlement that reflects the risk of going to trial (odds of winning vs. odds of losing), together with the range of what value a jury might actually return on the case.
In deciding settlement values, we need to consider the following:
- Is fault clear, or contested?
- Are the injuries severe or mild?
- Is there an issue with insurance coverage?
- Is the client a good communicator?
- Is the defendant/wrongdoer likable or unlikable?
Normally, I am able to give a very general estimate range of settlement value and odds soon after taking on a case, with the understanding that these are just estimates and not guarantees. The longer the case goes on, the more definite I can be about the settlement value range.
Do I have a personal injury case?
It is often times said by attorneys that in order for there to be a viable personal injury case, there must be “three legs on the stool.” These legs are: liability (or fault); damages (or injury); and collectability (insurance). If any one of the “legs” is missing, then there is not a viable case.
- Liability - A clear example of liability would be someone running through a red light. That person would be at fault. On the other hand, let us say that somebody is hit by a meteorite falling from the sky, and seriously hurt. In that case, although there is injury, there is no earthly entity at fault.
- Damages - An example of damages would be someone getting hit in the nose by an airbag, which breaks their nose. That person has an injury caused by the collision. On the other hand, what if that same person is almost hit by a car running a red light, but by the grace of God is able to avoid the collision? That person might say “I was almost killed, but I didn’t get a scratch.” In that case, the person was not injured and there is no case.
- Collectability - To give an example of collectability, imagine that a drunk driver runs through a red light, and the driver is Donald Trump. In that case, if Donald Trump hit and injured someone when he ran the red light, the victim will be able to collect upon any judgment that they receive. Imagine, on the other hand, that the drunk driver is someone who just got out of prison, and has no insurance and no property. Although that person will probably go to jail, there is no practical way to collect money from him, as he is a “scofflaw” living outside responsibilities of society.
What Is the Nevada Statute of Limitations for Personal Injury Cases?
When it comes to filing a personal injury lawsuit, it's important to pay attention to the statute of limitations for the state you're filing in. A statute of limitations is the time limit that a state puts on how long after your accident you are allowed to file a personal injury lawsuit. Statutes vary from state to state.
Nev. Rev. Stat. § 11.190(4)(e) (2016) states that individuals wishing to file a personal injury lawsuit must do so within 2 years of the date of their accident. However, there are certain exceptions that can be made depending on your circumstances. For example, if you have been injured as a result of medical malpractice, you generally only have 1 year to file your lawsuit after the date of your injury (Nevada Revised Statutes section 41A.097).
Statute of limitations can be complex, and if you fail to file your lawsuit within the allotted amount of time your case will most likely be dismissed. Don't put your compensation on the line! Contact our experienced Las Vegas personal injury attorneys today to schedule a free consultation and determine what your next steps should be.