April 2015 - Kamerow Law
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The ER Prescribed Me a Medication I’m Allergic To

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The ER Prescribed Me a Medication I’m Allergic To

The ER Prescribed Me a Medication I'm Allergic To

If you visit an emergency room for an injury or illness, the immediate duty of the doctors, nurses, and other staff is to provide you with the care necessary to stabilize you before your release. However, if an ER doctor prescribes you a medication you are allergic to, the fault may not lie with the doctor at all.

Is It Malpractice?

As an example, assume that you are allergic to penicillin, which is one of the most common drug allergies in the United States. Next, assume that you visit the ER with back pain and your diagnosis is a moderate to severe kidney infection. Your doctor knows that antibiotics are required to treat the infection, and because this specific type of infection responds well to penicillin-based medications, this is what she prescribes. Can you sue for malpractice? The answer is usually no since your medication must be filled by a licensed pharmacist before you can ingest it.

Who Is at Fault?

If your medical chart states that you are allergic to penicillin, or if you told the staff that you are allergic to penicillin but still received an injection, IV drip, or pill containing penicillin while in the ER, your doctor is at fault. If you arrive at an ER unconscious and there is no indication that you have the allergy after the doctor has made reasonable attempts to review your medical records and reach your emergency contact (when available), the doctor is not at fault if penicillin is administered while in the ER. If an ER doctor prescribes you a medication that contains penicillin despite indications on your medical chart and your verbal statement to staff about your allergy, and if the pharmacist fills it despite your records indicating an allergy, then the pharmacist may be at fault even though the doctor was negligent. Pharmacies are legally required to ask you about allergies when you create your account, and they are often required to ask you about your allergies each time you bring in a new prescription.

In a situation like this one, the right course of action can often be difficult to detect. If you have suffered an injury or illness because you received a medication to which you have an allergy, it is best to seek legal advice to learn about your options. Call 703-370-8088 or contact us online today .

 

Improper testing, breach baby and hip dysplasia

Improper testing, breach baby and hip dysplasia

Should a doctor fail to perform proper testing while a baby was in breach, and the baby was born with hip dysplasia, there might be an action for medical malpractice. Medical malpractice can happen when a doctor or other professional involved in the healing arts deviates from the guidelines of care and treatment and injures a patient. To show medical malpractice, you must prove the following elements.

Duty

It must be shown that a doctor/patient relationship existed, and that the doctor owed the patient a duty of care. That means the patient wanted to hire the doctor and the doctor agreed to be hired. Special proof issues might arise for a consulting physician like a radiologist who did not treat the patient directly.

Standard of care

The standard of care for testing of a breach baby must be established, and then it must be shown that it was deviated from. That doesn’t merely mean that there was a baby born with hip dysplasia. It means that within a reasonable degree of medical certainty, the doctor caused the baby harm that a competent doctor who didn’t deviate from the standard of care would not have caused. Proving a deviation from the standard of care usually requires testimony from another physician who is an expert in the same branch of medicine as the doctor or other healing arts professional.

Proximate cause

You’re required to show that the baby’s hip dysplasia was the direct result of the deviation from the medical guidelines that consist of the standard of care. Proof must be shown that but for the deviation, the baby would not have been born with the hip condition. Again, this is most likely shown by the baby’s expert medical witness who gives their opinion within a reasonable degree of medical certainty.

Compensable injury

Even if it’s proven that there was a complete and total disregard for the applicable standard of care, the medical malpractice case won’t be successful unless it’s shown that the deviation resulted in an injury that’s compensable. Compensable damages include, but aren’t limited to additional pain and suffering, medical bills, lost earnings, permanency of injury and/or permanent disfigurement.

Those are the keys to any medical malpractice case. If any one of those elements is not proved, the medical malpractice case fails. Please call 703-370-8088 or contact us online today if you believe you have a lawsuit against a physician for wrongful practice.

 

How do I prove a family member threatened my mother to change her will?

How do I prove a family member threatened my mother to change her will?

It is an exceptionally sad and painful thing to experience, but the financial abuse of the elderly continues to take place every year. Some of this abuse involves coercing elderly friends or family members to hand over their hard-earned money, but it also includes forcing them to change their will. When this takes place, family members must take immediate action. If this situation sounds familiar, then you should understand some of the steps that must be taken to create a case against the offending party and how Kamerow Law Firm can help you protect you and your parents.

What Is Financial Abuse?

Using “undue influence” to get an elderly individual to change their will is illegal in almost every state. Unfortunately, it is not exactly easy to prove guilt, and everyone should immediately contact our legal team to begin exploring their options. Financial abuse of the elderly is essentially any situation in which an individual pressures a friend or family member to make unfair financial choices such as adding their name to a bank account or changing their will. This can take place through a variety of harmful tactics such as speaking with them after they no longer have their full mental faculties or under duress. The guilty party will often wait until medical conditions such as Alzheimer’s have developed or when the elderly person is under the influence of medication.

Where to Start

The first thing that must be done depends on your relationship with the victim. If you have power of attorney, then you must immediately take control of all financial accounts and documents. This may even mean removing money from your parent’s account and setting them up with a stipend until things can be figured out. Those that do not have power of attorney should immediately have their parent evaluated by a psychologist or other specialist. These individuals will help you determine if your parent has the ability to make clear and healthy choices.

If the person abusing your parent has power of attorney, you will need to immediately contact our legal team and begin developing a case. These types of cases will often require an incredible amount of time and energy as we perform an exhaustive search on the will, changes made to the will, your parent’s mental stability, the defendant’s record, and countless other variables that will affect how this whole process plays out.

If you have suspicions that a family member was threatened to change their will, please call 703-370-8088 or contact us online today. We can help you prove your case.