Taking the right medication is important. It can help us control chronic conditions or treat a current illness. Meanwhile, the wrong dosage or medicine can result in deadly side effects. It can even become fatal in some instances.
It’s surprising but a medication error happens more often than you think. Statistics show that one in five Americans experience it while receiving care. The same ratio holds true for pharmacy errors in hospitals. One in five doses of medicine given to patients is wrong. You don’t often hear about complaints or instances of drug lawsuits, unless they involve big companies. It’s because most of these cases don’t end up in court. Most victims opt for drug lawsuit settlements.
It’s not unusual for medication errors attorneys to encourage clients to settle. It’s because a settlement is predictable. Your lawyer knows what to ask for and how to ensure the case will end in your favor. You don’t have that guarantee in a courtroom. A settlement also guarantees payment for damages. It's also faster and less stressful for you.
It doesn’t mean all pharmacist lawsuits are ready to settle out of court. Many victims will push through for a trial. You don’t have to settle if you don’t want to. But you must know when to accept a settlement and when to reject the other party’s offer.
Complications from the effects of a drug might not manifest right away. There are many instances when doctors can’t determine if the patient will recover 100%. They also can’t tell if the medication mistake could result in a disability or affect your quality of life.
It’s a good idea to reject any settlement if you still don’t know the extent of the damage done to you. You might need extensive care that wasn’t considered in the settlement offer. Discuss your views with your pharmacy malpractice attorney. They can negotiate something else or start the proceedings for a court appearance.
You should expect the insurance company to make the lowest offer they can get away with. This happens even after your claim has become established. They will even come up with excuses for the low offer. They might say you have a pre-existing condition or injury. Or the treatment given to you was unnecessary.
A good pharmacy lawyer will argue that the insurance company doesn’t get to decide the value of your claim. They may also recommend that you reject the offer if it doesn’t cover all your medical expenses. Your lawyer will then begin the process to prove your claim and why the insurer’s offer is unacceptable.
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