In Pennsylvania, claims for injuries resulting from medical malpractice are largely governed by the Medical Care Availability and Reduction of Error Act. A component of the MCARE Act is that health care providers must report all injury incidents and near misses, and the Pennsylvania Patient Safety Authority receives about 220,000 reports a year. The US Drug Watchdog, however, warns that errors related to pharmaceuticals are grossly underreported despite the statistics already being alarmingly high.
America’s Watchdog is a leading consumer advocacy group in the United States and is the parent organization of US Drug Watchdog. This subgroup focuses specifically on consumer products in the health care domain. It strives to alert consumers of potential risks, and when mistakes have been made, it works with both victims and lawyers in order to ensure that people who were harmed receive the appropriate compensation. The organization defines its mission as:
The US Drug Watchdog believes that there is a serious and ongoing problem occurring with pharmacy medication in particular. The group asserts that there are several errors occurring at a high rate but that they are being underreported. These mistakes occur during manufacturing but also in the handling and sales phases. An error that the organization is particularly concerned about is patients receiving the wrong medication. If a consumer gets the wrong label, this is usually easy to identify. However, if a bottle has the right label but the wrong medication, then this can be devastating to the patient. Such mistakes can result in:
A pharmacy error can be anything from a defective device to a mislabeled
Be mindful that the onus is on the victim and his or her legal representation to prove that the accused has committed a civil wrong. In the case of a bad prescription, keeping the bottle, pills and receipt can go a long way to this end. If a victim has evidence that a pharmacy incorrectly filled a prescription, for instance, then he or she has the same right to compensation that any victim would. This will vary greatly depending on the specifics of the case but can include:
The US Drug Watchdog does raise some interesting points. Many high-profile cases are considered class-action suits and are delegated to the largest firms. Part of the US Drug Watchdog mission is to provide young lawyers with the resources required in order for them to represent their clients well.
At Metzger & Kleiner, we are prepared and have helped many people just like you get compensation for injuries and other damages. As Philadelphia injury attorneys, our focus is on personal injury law, and we welcome the opportunity to meet with you. Initial consultations with a Philadelphia injury attorney are provided at no cost to you and without obligation. You can contact us online or call us. You can reach us at our Philadelphia office at (215) 567-6616 or our Lehigh Valley office at (610) 435-7400.
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