Medical Malpractice

Medical Malpractice Is The Third Leading Cause Of Death In The US


The third leading cause of death in the United States is those related to medical malpractice cases, after heart disease and cancer. The causes are from unnecessary surgery, hospital errors, infections in hospitals, medication errors, and adverse effects to medication. The number of people who fall prey to the risk of drug medications from pharmaceutical companies could be avoided if proper research was conducted before releasing a drug to the market.


Approval from the Food and Drug Administration (FDA) is not necessarily a guarantee that the drug is safe, and does not shield a drug manufacturer from liability of injury or death. The drug manufacturer is obligated to fully understand the drug's dangers and possible side effects, and to effectively communicate these risks to the public.


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How these risks are communicated to the public will vary, depending on the type of drug medication. Warning labels and enclosures suffice with non-prescription drugs. However, written warnings must also include a doctor's supervision because of possible interaction with prescription medications. Prescription drugs require that the manufacturer inform the physician of certain risks, not the consumer.

Therefore, it is the doctor's responsibility to educate the patient on the dangers and risks of the drug before prescribing it. This allows the patient to make an informed decision about whether or not they want to take the drug. Failure to do so can lead to medical malpractice against the doctor, not the drug manufacturer, if the patient suffers adverse affects.

The doctor patient relationship is a sensitive one because the patient heavily relies on the doctor to explain in laymen's terms their illness and the justification for the prescribed treatments. Therefore, the patient is not in the strongest position to decide whether or not the medication is the right choice without the doctor's explanation. Doctors must also beware over-prescribing a medication. Especially when the doctor may be unsure of the results, dosages should be given at lower levels until he or she is certain that the patient will respond well to the treatment.

Another area where medical malpractice with prescription drugs may occur is pharmacies. The pharmacist is legally liable if mistakes are made while filling prescriptions. Online pharmacies may help to lessen the chance of becoming a victim to mistakes by following certain guidelines.

First, make sure that the web site is registered with the National Association of Boards of Pharmacy (NABP). There will be a VIPPS seal somewhere on the site. Do not accept the consultation of site physicians. You do not know the physician's record, nor is the physician aware of your pre-existing conditions.

Suing for medical malpractice drug injuries is possible when several theories may apply to your case: strict liability, negligence, and breach of warranty.


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