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In Medical Malpractice

Common Types of Pharmacy Malpractice

Personal Injury Lawyer

Many people believe that medical malpractice cases only involve doctors and surgeons. However, other medical professionals can also be negligent, including pharmacists. Pharmacists must go through extensive training to ensure they adhere to specific guidelines to keep their patients safe. If they fail to act with due care, they risk their patients’ safety.

Here are the common types of pharmacy malpractice.

Dispensing the Wrong Dosage

Before giving patients their prescribed medication, a pharmacist must dispense the correct dosage. If the pharmacist gives a larger dosage than prescribes or gives instruction to take the drug too many times, a patient can overdose.

Dispensing the Wrong Drug

Believe it or not, sometimes patients leave the pharmacy with the wrong medication. This is more likely to happen when two patients have similar names. The pharmacist may be more likely to mix up the names and dispense the wrong medication. The pharmacist is also more likely to dispense the wrong medication if the prescription is difficult to read or a prescription is similar to another prescription.

Not Providing Adequate Counseling

Pharmacists … Read the rest

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June 18, 2020
In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Top 10 Social Media Tips for Personal Injury Victims From Personal Injury Lawyer Memphis, TN Counts On!

Tips for Personal Injury Victims From Patterson Bray

It seems that everyone is on Facebook or some other type of social media these days. Many people are even addicted to it. If you have a Memphis, TN car wreck or personal injury claim, you should carefully consider the impact your social media posts could have on your case and the ultimate settlement or verdict you receive.  As an experienced personal injury lawyer Memphis TN knows and trusts, I can tell you that insurance companies and defense attorneys, as part of their evaluation of you and your case, perform social media account investigation. They will pull up your Facebook, Instagram, Twitter, and other social media accounts to see if they can gather useful information about you, your activities, and the extent of your injuries.  We at Patterson Bray put together the following social media tips for personal injury victims.

Personal Injury Social Media Tips

  1. Archive the content of current accounts. Destruction of potential evidence may create bigger problems than the information itself, so it is important that you do not delete
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February 1, 2017
In Medical Malpractice, Personal Injury, Uncategorized

Misinformation about malpractice litigation in Tennessee

Misinformation about malpractice litigation in Tennessee

Our friend John Day posted an informative blog post about Misinformation About Malpractice Litigation in Tennessee. John points out:

[an article] purports to list the number of filings per state per 100,000 residents and ranks Tennesseans as the 5th highest filers of malpractice lawsuits – at the rate of 33 per 100,000 people.  That would mean that Tennesseans file about 2145 such lawsuits per year (we have a little over 6,500,000 people living here).

But that number is wrong.  Information compiled by Tennessee’s Administrative Office of the Courts demonstrates that there were 374 medical malpractice suits filed in 2013-2014 and 356 suits filed in 2014-2015. (Data is kept on a July 1 – June 30 fiscal year; 2015-2016 data is not yet publicly available). My guess is that the number of suits filed in all of 2015 was down from what it was in fiscal year 2014-2015, but even assuming that it was the same (356), the rate of filed suits was less than 5.5 per 100,000.  That simply didn’t happen.

Lesson: Don’t … Read the rest

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January 16, 2017
In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Wrongful Death of a Child

 

Info From Patterson Bray About the Wrongful Death of a Child

No one should have to ever think about the wrongful death of a child. As a mother of two young children, I can’t think of anything more unbearable than the loss of a child. But according to the American Association for Marriage and Family Therapy, over 57,000 children under the age of 19 die every year in the United States.

Our law firm represents parents who have lost a child due to the fault of another person or company. The legal term for a death caused by someone else’s negligence or wrongdoing is “wrongful death.”

Who can File Suit for Wrongful Death of a Child?

In Tennessee, only certain people have the right to file a lawsuit to recover damages for the wrongful death of a child. As a general matter, the child’s parents can file suit against the responsible party.  If the parents are divorced, special rules apply. Usually, the parent with “primary custody” has the right to file suit. An administrator can also file the lawsuit. … Read the rest

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June 21, 2016
In Auto Accident, Civil Litigation, Medical Malpractice, Personal Injury

Will I have to pay taxes on my settlement?

Will the IRS make me pay taxes on my settlement?

Many of our Memphis and Tennessee injury clients ask – will I have to pay taxes on my settlement for personal injuries?  The general answer is NO.

Here is what the IRS currently says about Settlements and Taxability:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

What if I did take an itemized deduction for related medical bills in prior years?

Will I have to pay taxes on my settlement if I did?  You must include in income the part of the settlement that is for medical expenses you deducted in any prior year to the extent the deduction provided a tax benefit. For detailed information on how to report this, we recommend that you speak with your accountant or tax professional.

What about settlements for Emotional Distress or Mental Anguish?

If … Read the rest

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June 6, 2016
In Auto Accident, Business Litigation, Civil Litigation, Contracts, Estate Planning, General, Government, Medical Malpractice, Personal Injury

Lawsuit Deadlines: How long do I have to file a lawsuit in Tennessee?

Why are there statutes of limitation or lawsuit deadlines?

In Tennessee, there are lawsuit deadlines called “statutes of limitations,” so it is important to speak to a lawyer as soon as possible if you believe you may need to file a lawsuit.  If you wait too late, you may lose your ability to seek a remedy or recovery in court.

Statutes of limitation serve a number of purposes.  They promote stability in personal and business relationships; they prevent undue delay in filing lawsuits; they help to avoid uncertainty in pursuing and defending old claims; and they help to ensure that evidence is preserved and not lost due to the lapse of time, fading memories, or death of witnesses or parties.

What time limit applies to my case?

It depends on what kind of case you have. Even our courts sometimes struggle with which statute of limitation applies. Generally, a court looks to the “gravamen” of the complaint to determine which statute of limitation applies. Think of the “gravamen” as the “real purpose” or the “main point” of a lawsuit.

The … Read the rest

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February 3, 2016
In Medical Malpractice

Law Talk: Inspector General Report Shows Only 14% of Hospital Errors Are Actually Reported

Law Talk: Inspector General Report Shows Only 14% of Hospital Errors Are Actually Reported

For all the talk about frivolous lawsuits and the need for tort reform and damage caps, the Inspector General of the Department of Health and Human Services recently released a report showing that only 14% of hospital errors are actually ever even reported.  Moreover, the report showed that even when errors were identified, most hospitals rarely changed their policies and practices to prevent repeat errors, saying the event did not reveal any “systemic quality problems.”

One example of serious hospital error is wrong site surgery, which is estimated to occur up to 6 times per day in the United States.  One such example is a 3 year old Oregon boy who was recently scheduled for surgery to correct a lazy left eye but wound up having unnecessary surgery on his right eye!

Another recent study released in the journal Health Affairs found that fully one-third one-third of hospital visits lead to injury, with as many as 90% of hospital errors are missed by current reporting systems. Further, the … Read the rest

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February 6, 2012
In Medical Malpractice

Law/Medical Tip: Some Tips to Avoid Potentially Fatal Pharmacy Mix-Ups

Law/Medical Tip: Some Tips to Avoid Potentially Fatal Pharmacy Mix-Ups

Most pharmacists do a wonderful job. However, preventable mistakes occur more often than you might think.

We recently posted the news story about the poor pregnant woman who was mistakenly dispensed a cancer drug with side-effects that included induced abortion.  Moreover, in just the past few years, our firm has personally represented 2 different plaintiffs in cases involving 2 separate national chain pharmacies that mistakenly dispensed the wrong medication. And unfortunately, it had serious consequences in those couple of instances — so bad, in fact, that we ended up settling those cases for amounts exceeding six figures to cover the medical bills and impairment of life.  Feel free to call us if you or a family member find yourself in a similar situation and need help.

Of course, the best option is to avoid being a plaintiff in the first place. So protect yourself on the front end.  Resolve to be a responsible partner in your own healthcare. Communicate with your pharmacist and other healthcare providers. Don’t fall victim to … Read the rest

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January 19, 2012
In General, Medical Malpractice, Personal Injury

Be careful what you ask for at the Chiropractor

Be careful what you ask for at the Chiropractor

Many people visit the chiropractor for an alternative treatment to many issues ranging from back pain and headaches to allergies and fatigue. An experienced chiropractor will spend time determining why someone is experiencing such poor health and offer a treatment regimen designed to address those specific symptoms.  The examination will likely include x-rays and the treatment may involve spinal manipulation. Spinal misalignments can be a major cause of a person’s pain and spinal manipulations are designed to address these problems.

While millions of folks successfully visit their chiropractor on a regular basis for the maintenance of their good health, there are those instances when things can and do go very wrong.

One serious complication that can occur after spinal manipulation is a stroke.  Manipulations of the cervical region of the neck/back can cause a pinching or tearing of the arteries that feed blood to the brain.   If an artery to the brain becomes blocked or ruptures by a clot that has been stretched or from a rotation of the cervical spine, this could lead to a stroke.

As … Read the rest

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October 13, 2011
In Estate Planning, General, Medical Malpractice, Personal Injury

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

Patterson Bray — Law FAQ Series: Submit Your Legal Questions!

In thinking about how we might better serve our friends, clients, and prospective clients seeking reliable information on the web about Tennessee law, we decided to start a new series called Law FAQ (Frequently Asked Questions).  Similarly, we will have periodic blog posts regarding current legal news or informative topics called Law Talk.

Using “Question & Answer” format, we will provide a 30-45 second shot of useful information a few times each week.  Sample topics may include personal injury, business law, construction law, commercial litigation, negligence, medical malpractice, technology, estate planning, auto accidents or car wrecks, insurance law, asset protection, civil rights, brain injury, wrongful death, hospital negligence, nursing home abuse, pharmacy error, workers’ compensation, probate, charitable planning, and trusts.  See a sample Law FAQ here.

We also want this series to be interactive, and so we invite you to submit questions or suggested topics by filling out the Contact Form here and including “Law FAQ” in the Subject/Inquiry box.  Please be assured that your … Read the rest

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August 18, 2011