Consult an Experienced Kansas City Drug Injury Attorney
Being a smaller law firm, we are directly available to our clients and handle all cases with the utmost compassion. Unlike our larger competitors, who route calls through paralegals and assistants, our pharmaceutical drug injury attorneys are always directly available for any questions or concerns our clients may have. Adopting this client-first mentality allows us to personally connect with each victim and understand how they are suffering in order to assess their case. The Kansas City injury lawyers at Dickerson Oxton, LLC are dedicated to a personal approach to compassionate representation.
At our law firm, your initial consultation is always free of charge. When we do accept cases, we operate on a contingent fee basis. We choose to operate this way for the sole benefit of our clients; if we don’t win your case, you won’t pay anything.
With over a decade of combined litigation experience, the Kansas City drug injury attorneys at Dickerson Oxton, LLC have the knowledge needed to help you with your case. We are prepared to offer you our professional, extensive legal guidance to help you through this arduous time. Please call or contact us today.
Seek Justice for Drug Injuries in Missouri
Pharmaceutical drugs and devices, while initially intended to treat patients, have the potential to cause serious life-threatening complications and catastrophic injuries. Tragically, many people die each year as the result of the negligent, often greedy, actions taken by large drug companies. If you, or someone close to you, has been the victim of a pharmaceutical drug injury (or if a loved one was wrongfully killed), contact an experienced Kansas City drug injury attorney at Dickerson Oxton, LLC today. Our legal team offers client-specific strategies to help make your case a success.
You can reach one of our experienced Kansas City pharmaceutical drug injury attorneys at (913) 428-8220. Alternatively, you can fill out our free case evaluation form on our website and we will get back to you promptly.
Liability and Negligence in Drug Injury Claims
A pharmaceutical company can be held liable for the injuries or deaths that their medications or devices cause to those who use them as prescribed, as directed. Thousands of people, across the nation, have been seriously injured by an assortment of medications, drugs, and devices. Some pharmaceutical drugs and medical devices that have garnered recent media attention, both nationwide and in Kansas City, are:
- Adderall XR
- Many diet drugs, including Fen-Phen
Some common, over-the-counter, pharmaceutical drugs can even cause life-threatening ailments. Recently, a case arose of a three-year-old child who died as the result of complications after taking Children’s Advil. Incidents such as this show that pharmaceutical drug injuries and deaths aren’t just limited to physician prescribed medications. Drug companies are in the business simply to make a profit. The sad reality is that they often release drugs and devices that, while barely approved by the FDA, still injure or cause the wrongful death of those taking or using them.
Compensation for Drug Malpractice
Civil law allows victims of drug malpractice to collect compensation for the harm they suffered as a result of negligence. Several different types of damages exist with regard to malpractice. In general, Missouri law allows people affected by malpractice to seek several types of compensation.
Economic damages are those subject to exact calculation. Examples may include lost earnings, a loss in earning capacity, medical bills arising from any complications, loss in benefits, and more. Cases involving drug malpractice often involve serious injuries that require extensive care. In the event that a person suffers a permanent or catastrophic injury, economic damages often involve payment for future medical bills. Determining the amount of future medical bills requires special testimony from medical economists and other experts.
General, or noneconomic, damages, provide compensation for damages that have no exact value. Damages of this nature seek to put a dollar amount on physical pain, suffering, emotional anguish, and loss of guidance or consortium. A jury or insurance company may rely on the multiplier method to calculate such damages, but no uniform calculation exists for determining the extent of a person’s pain and suffering.
Some drug malpractice cases may involve matters of gross negligence or reckless or intentional misconduct. When a person suffers injuries and other losses due to gross negligence, he or she may also receive punitive damages, which seek to punish the defendant for wrongdoing.
Proving a Drug Injury Medical Malpractice Error
Medication errors are one of the most common types of medical malpractice. They may arise from prescribing or dispensing the wrong type of medication, calculating the wrong dosage, or failing to foresee a potentially dangerous drug interaction. Anyone involved in the continuum of care may be responsible for a medication error, from the prescribing physician, a nurse providing the medication to a patient, or a pharmacist dispensing the prescription.
Receiving compensation for a drug injury requires that a plaintiff, with the help of an attorney, establish four crucial elements.
- The defendant owed a duty of care to the plaintiff. When a person is under the direct care of a health professional, that professional is bound to exercise reasonable care throughout the course of treatment.
- The defendant violated his or her duty of care to the plaintiff by committing negligence. In medical malpractice, negligence occurs when a provider fails to adhere to an established standard of care or acts in a manner that another reasonably competent professional would not under those same circumstances.
- The professional’s negligence was the proximal cause of the injury.
- The plaintiff suffered harm, or incurred damages, as a result.
Proving that a medication error occurred requires the assistance of an attorney. He or she can order a subpoena of an electronic medical record, which will keep track of the dose and type of medication that a patient receives.
If the evidence reveals an incorrect dosage or drug type, then grounds for a viable drug injury claim may exist. The data in an electronic medical record helps the litigation process by pinpointing where the error occurred and who was responsible for the injury that a plaintiff suffered.
If you or a loved one suffered an injury or another side effect from a medication error, and you believe that a health care provider was responsible, it is essential to contact an attorney and schedule a free review of your case as soon as possible.
An attorney will help determine who is responsible for the harm you suffered and seek fair compensation for the harm you suffered. Contact the attorneys at Dickerson Oxton, LLC today to schedule a free review of your legal options.
Complications with Pharmaceutical Drugs
Cases involving pharmaceutical drug injuries and wrongful deaths in Missouri can be incredibly complicated. Due to this, you need an experienced, trained, and professional Kansas City drug injury attorney on your side. Many times, experts need to be called in to weigh the potential dangers of a drug or device. Tests and trials need to be run to prove a medication is unsafe or a device is dangerous. All of these things require funding, time, expertise, and determination if a successful case is to be had. The Kansas City personal injury lawyers at Dickerson Oxton, LLC have these qualifications and experience in handling drug injury claims specifically. They are ready to stand up to the largest of drug companies to hold them liable for the damages that their dangerous medications and devices cause.
The Reality of Pharmaceutical Drug Injuries
When a doctor prescribes a medication, it is given with the intention of treating a condition or alleviating pain caused by an illness or injury. Some new drugs are boasted as “miracle drugs” or “wonder cures” for certain ailments. The tragic reality is that many of these drugs can cause serious, sometimes life-threatening, conditions by merely taking them as directed. Pharmaceutical and drug injuries are on the rise as more, previously thought to be safe, drugs are now being found to have costly side effects. Citizens of the Missouri experience a fair share of these injuries and in some cases, wrongful death, making it all the more important to consult a Kansas City drug injury attorney in the event an injury or death occurs from taking a certain drug.