The Case Process for Atlanta Medication Error Claims

Medication error claims are unique in the sense that there are multiple levels of people who are involved in the medication process. It includes the doctor who writes the order for medication, the nurses who relay that order to the pharmacy, the person at the pharmacy who receives and/or fills that order, and finally the pharmacist who approves the orders, puts the instructions on the bottle, and counsels the patient who picks up the prescription.

There are multiple people, multiple layers, and multiple systems involved throughout that process, and it takes an experienced medication error lawyer to look at each of those steps, determine where the error was, and assemble the necessary evidence to prove that error. In light of that, retaining legal counsel with access to an experienced in-house doctor is virtually essential to progressing smoothly and effectively through the Atlanta medication error case process.

How Medication Error Cases Begin

First, there is a pre-suit investigation in which the attorney meets with the injured party and gets information from that person regarding what happened and how he or she was injured by a medication error. The attorney would then seek out relevant medical records to look for evidence in the record of what happened and why there was a prescription error, as well as similar pharmacy records and the medication bottle itself, hopefully retained by the patient with the medication still in it. Attorneys may also interview any other witnesses who know about the facts of what happened.

Finally, a legal representative could speak with a medical expert witness to determine whether there was a violation of the standard of care and, if so, whether that violation directly caused the patient’s injuries. If the alleged wrongdoer is a doctor or a nurse, that expert witness would need to be a doctor or a nurse with similar experience in the same field(s). Likewise, if the error in question occurred in the pharmacy, then the expert witness would have to be a pharmacist.

Either way, that expert witness would then prepare an affidavit, which is a sworn statement saying that there was a violation of the standard of care. For any medication error claim in Atlanta, it is necessary to have that document and file it with the initial lawsuit.

What Happens After Discovery?

Once the attorney has that affidavit and files suit, there is a period of time where lawyers are able to take depositions, conduct a discovery process to uncover all the necessary and relevant facts for the case, collect key documents and testimony from witnesses, and finally engage in something called motions practices, during which certain motions may be filed to limit the case. Then, the case would go to trial.

At any point during the aforementioned process, the parties involved in the case could elect to settle out of court. If no settlement is agreed upon, though, it goes to trial, a verdict is rendered, and that result could ultimately be appealed. That is, in general, the medication error case process in Atlanta.

Knowledge Is Key During the Atlanta Medication Error Case Process

People who think they may have suffered from a medication error should know that these are serious cases and they can have catastrophic consequences, so it is important to seek legal counsel sooner rather than later. In addition to preserving your own personal health, there are deadlines that have to be met in order to pursue a claim, and failure to abide by them could leave you without any options for recovering compensation.

Making sense of the case process involved in medication error claims can be tough for those unaccustomed to legal proceedings, but a skilled Atlanta lawyer could offer guidance and support every step of the way. Call at any time to discuss your case for free with a lawyer who takes calls after hours and who can utilize cutting-edge technology to meet clients’ needs.