Monday, December 14, 2015

What To Do If Your Doctor’s Prescribed Drug Worsens Your Condition?

Beth Botelho was shocked after finding out her newborn daughter had a chronic congenital heart defect. She revealed the baby needed open heart surgery and required life support. It was an extremely overwhelming situation for the mother.

According to her story, it was an “off-label” prescribed drug called Zofran she took during the first trimester that caused the defect. The first trimester is the time when the heart of the baby develops in the mother’s womb. But the drug was never approved to treat morning sickness.

Beth’s case shows that a healthcare provider’s negligence can worsen your condition, or affect you in an indirect way (like Beth suffered). If your personal health has been affected due to such negligence, there are certain steps you can take to get reimbursed. Mentioned below are some of these steps:

1. Know your professional options 

Preparing documentation to file a lawsuit is a complex process. While you can self-learn this process, a slight error could make it favorable for the doctor whose prescription led to the worsening of your condition.

Personal injury lawyers are a professional option that can offer their training, knowledge, and extensive experience to you while supporting your journey for a positive outcome. For individuals who’ve been injured by defective drugs, they will feel at ease with the prospect of taking on a large defendant. Such cases require the finely-tuned dedication of personal injury lawyers that remain determined to help you win the lawsuit case.

1. Know the damages you can claim 

While a professional lawyer will help you understand the damages you can claim, it is good to have an idea in advance. Apart from the medical and income damages, you can also get reimbursed for loss of enjoyment; personal injuries that stop you from enjoying daily activities like exercise and recreational activities.

Likewise, you can claim damages for loss of consortium. This happens when the injury impacts the relationship you have with your spouse. The loss of sexual health or companionship, for example, is considered in the list of damages. In some states, loss of consortium includes the impact on the relationship between children and parents if one suffers a personal injury. This is different from emotional damages because the latter could be considered as a part of “pain and suffering” damage.

1. Know the deadline

It is important to know the deadline by which the lawsuit can be filed. Only in rare cases can the lawsuit be filed shortly after the deadline has passed. Each state has different deadlines and requirements that should be met before the case is filed. Professional lawyers can help meet the lawsuit requirements before the deadline. There’s also a deadline to file an appeal if you lose the case because an appellate court may reverse it or refer it to the trial court with directions to solve legal errors. To avoid any twists and turns along the way, professional support can be blessing in disguise.

Also, if you apply for insurance, you should inform them as soon as you know about the lawsuit (many insurance companies list this as a strict requirement). Perhaps you could get the insurance company to pay for the professional lawyer or provide its own. Lastly, you should note that there is a deadline to inform the insurance company as well.

This is a blog post by Nancy Evans.

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