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Injury Law Alert - Spring 2009 Issue • page 2

Hemmings & Stevens, PLLC Law Firm of Raleigh, NC

 

These errors can take all kinds of forms and can occur in many different ways. Sometimes a drug other than the one prescribed is provided, or the correct drug is provided in the wrong dosage. Sometimes a drug is prescribed that interacts negatively with another drug the person is taking and the patient is not warned of the danger. Sometimes the mistake is made by the doctor prescribing the drug, sometimes by the pharmacist filling the prescription, sometimes by the person administering the prescribed drug. Mistakes can occur in hospitals, nursing homes, and the corner drugstore. Regardless of the many different ways that prescription problems can occur, they all share one thing: They can be serious and potentially deadly.

A recent study concluded that out of 3 billion prescriptions filled each year, 51.5 million of them contain some kind of error. Although reliable statistics are hard to come by, these errors lead to thousands of unnecessary hospitalizations and hundreds of unnecessary deaths.

Interestingly, many consider the primary reason for the rise in errors to be financial - the doctors who write the prescriptions, the pharmacists who will them, and the nurses who often administer them are pressured to serve more patients in less time, increasing profits, but also increasing the risk of an error. Others point to the rise in the marketing of drugs directly to patients. Patients are more likely to go to their doctors and demand a prescription for some drug they saw on television, leading to more prescriptions and more chances for error.

Several solutions to this problem have been suggested. The first is also the easiest: Slow down and make sure the prescription is correct. The second is to install more safeguards, such as having another person check the prescription. Another solution is to make sure that different drugs or different dosages don't look similar, reducing the chance that the wrong bottle will be used. Get another suggested solution is to make sure that pills are always available in many dosages, which will prevent people from having to break their pills into halves or quarters, possibly exceeding the intended dosage.

Cases involving prescription errors, which can involve claims of negligence, medical malpractice, and products liability, and which require a great deal of expert testimony, can be very complicated to pursue. If you or someone you know has been injured due to a prescription error, call us.

UMBRELLA INSURANCE POLICIES

As insurance prices continue to rise, many people are looking for more and better insurance coverage for less money, and "umbrella policies" are often a good option for increasing coverage. Umbrella policies get their name from the coverage they offer: Like an umbrella, they provide expansive coverage for you and your assets. Umbrella policies act as a kind of backup for your primary insurance and can provide a cost-effective way of increasing your insurance coverage.

Most of us carry several kinds of liability insurance policies: car insurance, homeowner's insurance, renter's insurance, etc. All of these different policies do essentially the same thing. They cover us for the different careless acts we might commit. However, the coverage available under these different policies varies, and their cost is often very expensive compared with the coverage they provide.

Umbrella policies begin where other insurance ends. They provide additional coverage - coverage that is available only after the underlying liability policy has been exhausted. Umbrella policies are often surprisingly inexpensive, given that they can provide additional coverage in amounts up to $1 million or =ore. The reason umbrella policies are relatively inexpensive is that they are asked to cover only the largest of claims. Because of this, the number of claims brought against umbrella policies is lower than the number of claims brought against "regular" policies.

As with any kind of insurance, the coverage offered by umbrella policies and the rates charged for them can vary greatly. Consider the possibility of buying an umbrella policy. You may find that it is right for you.

FDA ORDERS NEW WARNING

The federal Food and Drug Administration (FDA) recently ordered a serious change to the warning label on four drugs commonly used to treat rheumatoid arthritis: Enbrel, Remicade, Humira, and Cimzia. These drugs work by suppressing the immune system, thereby reducing symptoms of the disease. The problem is that if your immune system is suppressed, then you are more susceptible to other kinds of infection or illness.

The FDA became concerned because it received a number of reports of people taking these drugs who contracted a fungal infection called histoplasmosis. This infection can have serious consequences if not caught early. However, because its initial symptoms resemble the flu, people often do not seek treatment until it is too late. Almost 20% of the cases where people took rheumatoid arthritis drugs and contracted histoplasmosis ended in death.

To better warn people of the danger, the FDA now requires these four rheumatoid arthritis drugs to contain a warning about histoplasmosis in a "black box." A black box warning is the strongest kind of warning found in prescription drug literature, and will hopefully help bring the matter to the attention of both doctors and patients.

BALANCE YOUR CHECKBOOK

Although no one would argue that balancing your checkbook is a fun way to pass an evening, balancing it every month is important for several reasons.

CONCLUSION

 

 

 

Notice:

We help injured persons seeking compensation for their injuries. We represent individuals and small businesses with insurance claims that have been denied or other contract disputes.  We DO NOT represent insurance companies or big business.

 

   
Hemmings & Stevens PLLC Law Firm Hemmings & Stevens PLLC
5613 Duraleigh Road
Suite 111
Raleigh, NC 27612
(919) 277-0161