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Maine Dangerous Drug Attorneys
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Even the most experienced doctor doesn’t know everything. Doctors sometimes make mistakes or rely on seemingly sound medical theories that eventually prove to be unsafe. When doctors do their due diligence, follow accepted medical practices, and act in good faith, these mistakes are an unfortunate consequence of an imperfect world.
However, when doctors prescribe dangerous drugs because they are careless or don’t follow accepted medical practices, the harm caused by these medications is not an unfortunate accident. In that case, prescribing these dangerous drugs becomes an example of medical malpractice.
If you or a family member was harmed by a negligent doctor prescribing medication that hurt you, contact a Maine dangerous drug attorney at Gideon Asen immediately. The sooner we can discuss and investigate your case, the sooner we can start the complex process of trying to get you compensation.
When You Might Need a Maine Dangerous Drugs Lawyer
Doctors are expected to follow certain protocols when prescribing drugs. This helps decrease the likelihood that a patient will suffer a harmful reaction to that drug.
Unfortunately, some doctors cut corners in various ways, causing patients to suffer. If you experience harm in any of the following situations, you should contact a skilled dangerous drugs attorney at our law firm.
Drug Interactions
Prescription-based harm that involves drug interactions is disturbingly common. You should never suffer harm due to drug interactions if your doctor is following proper protocols.
Nearly all drug interactions are well-documented. This means that a doctor can look at your medical history and current prescriptions to easily determine whether you could suffer a dangerous reaction between a newly prescribed drug and one you are currently taking or recently took.
Frustratingly, some doctors don’t pay attention or don’t research which drugs result in dangerous interactions. When that happens, you could easily end up in an emergency room due to a bad interaction. The Maine bad drug attorneys at Gideon Asen will research the drugs you were prescribed and determine whether your doctor should have known that such a combination would cause you harm.
Allergies
While different people have different allergies, certain drugs more commonly result in dangerous reactions. Similar to drug interactions, these potentially dangerous allergenic drugs are well-known by the medical community.
There is little to no excuse for a doctor to prescribe a drug that might result in allergies without taking precautions. A careful doctor will perform tests to ensure that you don’t react to the drug. These tests occur in controlled environments where medical staff can respond if you show any type of reaction.
Failing to perform these tests with a drug that is known to cause severe reactions in some individuals is medical malpractice. Our talented Maine dangerous drug attorneys will examine the procedures your doctor ordered and determine whether they appropriately accounted for the risk of a severe allergic reaction.
Untested or Experimental Drugs
It can take years or even decades to determine whether a drug is safe or not. The company that makes a drug may present it as safe in good faith, but later research might show that it is unsafe. This usually results in these dangerous drugs being recalled by the FDA.
Doctors should always be cautious with newer drugs, especially if they have had little testing. At a minimum, if your doctor thinks it is appropriate to prescribe you an experimental drug, they should carefully monitor your responses to it in the short and long term. If you start to show signs of a dangerous reaction, then the doctor can quickly take you off the drug and counter any effects.
When doctors don’t take these measures, they are potentially setting themselves up for a medical malpractice lawsuit. A Maine dangerous drug attorney at Gideon Asen will help you determine whether you are eligible to file a lawsuit in this situation.
Failure to Keep Up With Advancements in Medicine
Finally, some doctors fail to keep up with medical advancements. Continued research into a drug may determine that it is unsafe for certain uses or people with certain conditions. A doctor who has not kept up with medical advancements may continue to prescribe it in a way that is no longer safe.
If you think that your doctor is using out-of-date information to make prescription decisions, you should contact our Maine dangerous drugs lawyers immediately with your suspicions. We can help you get medical care to recover from any harm and will fight to get you the compensation you need for that care.
Act Quickly After a Medical Injury
If you suffered a medical injury due to a dangerous drug, you need to consult with a premier medical malpractice lawyer at our law firm immediately. Filing a medical malpractice claim in Maine is more complicated than filing other types of personal injury lawsuits.
If, for example, you were hurt in a car accident, you could file a lawsuit right away. However, before filing a medical malpractice lawsuit, you must file a notice of claim with the courts. This document describes the alleged injuries and what actions the defendant did to cause those injuries. Furthermore, you must file a separate notice for each defendant being sued.
FAQ
What Happens After a Notice of Claim Is Filed in Maine?
After a notice of claim is filed, the courts create a screening panel to determine whether the claim has merit. The panel is composed of experts who will evaluate the facts of the lawsuit before litigation begins. Within 30 days, it will issue an opinion about the viability of the case.
Can I Proceed With My Case if the Panel Rules Against My Claim?
Yes. While the panel exists to deter cases without merit, the decision of the panel is not binding. The opinion of the panel will remain confidential unless the panel unanimously decides one way or the other. In that case, either party involved in a case may use the opinion as evidence during a trial.
How Long Do I Have to File a Dangerous Drug Lawsuit in Maine?
You have three years from the date of the malpractice to file a lawsuit. However, from the moment you file a notice of claim until 30 days after the panel publishes its opinion, the clock does not run. This effectively means that you have about three more months in most circumstances.
Furthermore, if you are under 18 years old when you suffer harm from a dangerous drug, you may have extra time to file a lawsuit. When you consult with our knowledgeable dangerous drug attorneys, we’ll determine whether you have additional time to file a lawsuit or not.
Are There Any Damage Caps on Medical Malpractice Claims in Maine?
Maine law doesn’t place any caps on potential damages in medical malpractice lawsuits. However, if your loved one passed away due to medical malpractice involving dangerous drugs, you might be able to file a wrongful death claim. In that case, wrongful death regulations limit non-economic damages to $1 million (adjusted for inflation).
Do I Have to Sue a Doctor to Get Compensation After I Am Prescribed Dangerous Drugs?
You probably won’t have to sue the doctor. All doctors in Maine have medical malpractice insurance. Typically, if you have a strong enough case, you can file an insurance claim and get compensation from an insurance settlement.
Our experienced legal team knows what types of evidence are needed to pursue an insurance claim and has negotiated multi-million dollar settlements with all major insurance companies that provide medical malpractice insurance in Maine.
Typically, we avoid filing a lawsuit unless it is absolutely necessary. Most insurance companies will agree to a fair settlement once presented with enough evidence. Often, even when we are forced to file a lawsuit, the case never goes to trial. Typically, that is all it takes to bring an insurance company to the negotiating table.
However, if we do need to take a case to trial, be confident that our skilled trial lawyers know how to get results.
Connect With a Talented Dangerous Drugs Attorney in Maine Today
If you or a loved one was seriously injured because your doctor wrongly prescribed a dangerous drug, you deserve compensation for the harm you suffered. Contact Gideon Asen as soon as possible to schedule a free consultation to discuss your legal options.
What they say
“Taylor Asen and Ben Gideon’s professionalism, expertise, diligence, commitment and kindness never wavered, diminished or faltered during the period it took to resolve my medical malpractice case.”
