MEDICAL MALPRACTICE / PROFESSIONAL NEGLIGENCE
I. General Information about Medical Malpractice
II. Variations in Medical Malpractice Cases
A. Negligence of Hospitals, Physicians and Others
B. Misuse of Medications and Medical Devices
C. Emergency Situations vs. Informed Consent
D. Contract/Warranty Breaches
E. Certificate of Merit
III. Health Care Provider Roles
IV. Hospital
V. Vicarious Liability
VI. Duties of Pharmaceutical Companies/Manufacturers
VII. Prescription Medications
VIII. Expert Testimony & Res Ipsa Loquitur
IX. Conclusion
X. Frequently Asked Questions
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Contact a Iowa Medical Malpractice and Professional Negligence lawyer representing clients in Davenport, Iowa today to schedule your free initial consultation.
The medical malpractice / professional negligence claims and settlement attorneys at the James Law Firm are dedicated to serve their clients in central Iowa, including the cities of Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo, Adel, Marshalltown, Pella, Decorah, Knoxville, Eldora, Johnston, Ankeny, and Burlington
, and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, Dallas, Marshall, Marion, Madison, Hardin and Des Moines counties.
JAMES LAW FIRM
Address: 604 Locust St., Suite 630, Des Moines, Iowa 50309
Phone: (866) 566-8291
Fax: (515) 246-8767
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MEDICAL MALPRACTICE / PROFESSIONAL NEGLIGENCE
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Prescription Medications
Prescription medications represent a class of pharmaceuticals, the use of which requires the supervision of a learned intermediary, such as a physician. The manufacturer has a responsibility to warn only the intermediary, not the consumer. In most cases, if the drug company adequately informs the physician of the drug's potential dangers, the company has fulfilled its duty to the public.
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Before a physician prescribes a prescription medication to a patient, the physician is duty-bound to fully advise the patient of the drug's risks, so that the patient is capable of making an informed decision in determining whether or not to take the medication. If the doctor fails in his or her duty to relay the manufacturer's warning to the patient, responsibility usually will lie with the physician, not the drug manufacturer.
Physicians know that when they prescribe a medication, their knowledge concerning the medication is far superior to that of the patient's. Being such, the physician understands that the patient relies heavily on the doctor's judgment. Once the doctor has been advised of a prescription drug's dangers, the doctor and not the patient, is in a position to understand whether the medication is appropriate for a particular patient. The physician should be cautious against over-prescription. Because a patient normally relies heavily on the doctor's judgment in prescribing such medications, the doctor should readily accept responsibility for the patient's safety with regard to the prescription medication.
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In seeking legal redress against a drug manufacturer for injuries caused by pharmaceuticals, the usual theories of products liability (strict liability, negligence, breach of warranty) are applicable. A negligence action in medical malpractice is justifiable if the health care professional's conduct is to blame. Drug manufacturers and drug-prescribing physicians hold positions of trust. The drug companies and physicians should therefore expect that if their misconduct causes damage, they will be held responsible.
Prescription medications have enabled us to overcome and/or cure illnesses that were often fatal decades ago. By the same token, prescription medications can also be confusing, dangerous, and expensive. Following is information on how to read prescriptions, how to take them, and how to respect them.
1. Make sure that any and all of your physicians know what types of medications you are on, including over-the-counter medications and/or alternative medicines. If your physician is considering prescribing medications to you, he/she needs to make sure that they won't have a dangerous adverse reaction with any other medications you are taking.
2. Try to keep all of your medical care with the same group or practice so your physician can easily access all of your medical information and review your prescription medications. If you must see other physicians or specialists, make sure that they receive your chart from your primary care physician, or ask them to speak with your primary care physician before prescribing any type of medications.
3. Make a list of your medications including their names and the instructions for their use. This will be beneficial if you are on many different types of medications for many different conditions. Keep the list in a place where it is easily accessible.
4. Take only the dosages that your doctor has prescribed. If you feel that any medication you are taking is not having its intended effect, call the prescribing physician and discuss a possible alternative medication or a higher dosage.
5. If you experience any adverse or abnormal reactions to your prescription medications, seek medical attention immediately.
6. If you have small children in your home, make sure that you have childproof caps on all of your medication bottles. Keep the bottles away from anyone who may not understand their use or potency.
7. Although you may feel that you have similar symptoms or a similar condition as a friend and/or family member, never take another person's prescription medication. You can't be certain that you won't have an adverse reaction to a medication or that dosage that was not intended for you.
Prescription drugs can be life savers, or at least life enhancers, but when the wrong drug or a dangerous drug is prescribed, the incorrect dosage is ordered, the drug is unsafe, or in a variety of other unfortunate circumstances, it can be disastrous.
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