Louisiana Medication Error Attorney
Medication is a tool meant to benefit your health. But when you unknowingly get the wrong dosage or the wrong pills from your pharmacy, the tool can become a hazard that leaves you seriously sick or injured.
Because pharmacies are not always required to report medication errors in Louisiana, it’s likely mistakes happen much more often than we know, and the impacts can be severe.
Patients who take the wrong medication may suffer an allergic reaction. The wrong prescription can lead to organ failure, other internal injuries, long-term disability, or even death.
Worst of all, medication errors erode the trust patients have in their medical providers, which can put their long-term health at risk.
Getting sick after taking a medication meant to make you feel better is terrifying. But legally, you may have options.
If you believe a pharmacist has made a devastating mistake out of negligence, you can pursue a personal injury claim and possibly win compensation to help you manage the damage done to your health and quality of life.
To give you the best chance at winning a case, you should consult with an experienced Louisiana medication error attorney. The Bowling Law Firm has been helping Louisianans protect their rights and manage their medical expenses after medication errors for more than 40 years.
We are widely recognized as a respected Louisiana law firm helping patients win the compensation they deserve when they suffer because of a medical professional’s mistake.
Talk to us in Baton Rouge, New Orleans and across the state.
Common Reasons Behind Medication Errors in Louisiana
When you visit a pharmacy in Louisiana, you are putting tremendous trust in the trained professionals there to hand over to you what you need to feel better.
That trust is the same whether your pharmacy is independent or managed by a national chain such as CVS, Walgreens, Walmart or Rite Aid.
Yet mistakes happen, leaving you sick, scared, and uncertain about the future. Common reasons for pharmacy errors in Baton Rouge, New Orleans and across Louisiana include:
Wrong patient: Pharmacists may hand over medication meant for someone else, either because they share a similar name or because they simply failed to check the information on the label.
Wrong medication: Pharmacists can fail to select the proper drug for the patient’s condition. A lot of drugs have similar sounding names, which can lead to confusion.
Wrong dose: If you get a medication that’s too strong or weak, it can have harmful effects by either making you sicker or allowing your illness to progress unchecked.
Switching drugs: Some pharmacists may decide to offer a different drug without consulting a doctor, whether because they feel they know better or because the specific prescription isn’t on their shelves. It’s an opportunity for an error to happen.
Old pills: Medications have expiration dates for a reason. Over time, they lose their potency. Taking an expired drug may not alleviate symptoms, allowing a patient’s condition to worsen.
There is a high demand for pharmacists and even a serious decline in students entering the profession, creating shortages and suggesting that understaffed pharmacies will be a problem in Louisiana and nationally for a long time.
That creates a prime environment for costly mistakes.
The experienced Louisiana pharmacy error lawyers at The Bowling Law Firm have seen just about every type of prescription mistake that can damage a patient’s health.
We can help you identify the best course of action to protect your rights and lessen the financial blow of medical bills and lost income when the wrong drug makes you sick.
Best of all, you can consult with us at no charge. And you don’t pay attorney’s fees until you win or settle your personal injury case.
Get a FREE consultation about your Louisiana medication error case.
How Laws and Regulations in Louisiana Impact Medication Error Cases
Medication errors in Louisiana happen for a whole host of reasons. It could be a tired local pharmacist or a branch of a national pharmacy chain under pressure to produce more profits.
Regardless of the reasons, the impact is the same: Medication errors can seriously damage your health. To win compensation and get your life back on track, it’s helpful to understand how Louisiana’s laws and regulations apply to medication error cases.
Louisiana treats medication errors in the same fashion as general malpractice cases. There is no “carve out” for mistakes pharmacists’ make. Here are some basic facts that govern how malpractice cases unfold:
Statute of limitations: Louisiana has a law that you must file a medication error claim within one year from when you realized you were harmed, up to no longer than three years from when the pharmacy error happened. This puts pressure on the patient to suspect a mistake has been made and to find a skilled medication error lawyer to help.
Medical review panel: A medication error claim may be required to undergo review by three licensed medical experts and an attorney who serves as chair of the panel before you can pursue a claim. They will offer an opinion on whether there is enough evidence that a pharmacist breached the standard of care, allowing a lawsuit to commence. The statute of limitations is suspended during this review so as to not jeopardize a patient’s ability to sue.
Damage caps: Louisiana has a cap of $500,000 for all damages—both economic and for pain and suffering—in a claim filed against a “qualified health provider.” This cap does not account for any future medical expenses, which the patient can continue to pursue and fully recover.
To be a qualified health provider, a pharmacist must be licensed in Louisiana and have submitted the proper paperwork and dues to be protected by the Patient’s Compensation Fund. This fund limits a pharmacist’s personal liability to $100,000 and pays for remaining damages up to $500,000.
Like all medical malpractice cases, medication error claims are wrapped in complicated laws. It takes a skilled medication error attorney to unravel them and find the best path forward for you.
The Louisiana medication error lawyers at The Bowling Law Firm know what you need to recover financially from this medication error so you can focus on getting better and planning for the future.
