Recently, a pharmacy escaped the wrath of the law in Florida. The wife of a patient mistakenly picked the wrong medication for her husband at the pharmacy and the error was not discovered until when the consequences manifested on the plaintiff’s health.
The man had serious health issues that included trip and fall. The couple filed a lawsuit against the pharmacist for traditional negligence and professional malpractice. They believed that if the pharmacist had personally handed the medication to the wife and even counseled her in the process, the error would have been noticed.
Indeed, if she had done the needful, it would not have happened. What if it had caused the death of the patient? The only reason the wife didn’t go through the medication is probably because she trusted the pharmacist so much and that was the same reason her husband didn’t detect the error too
Unfortunately, for the plaintiff, the court had other opinions. Although the case of traditional negligence was upheld, the one of professional malpractice was dismissed. The judge felt that there was no evidence enough to establish a professional malpractice case against the pharmacist. The fact that she had no evidence to prove that she indeed counseled them does not mean she didn’t.
The judge felt that the plaintiff should have come with enough evidence proving that the pharmacist didn’t counsel them. But really, could the pharmacist have counseled the wife and still allow her to go home with the wrong medication? This seems to be a miscarriage of justice. This is why you need a highly experienced personal injury lawyer in Florida.
He would have noticed all the flaws from the beginning and dug out enough proofs that the wife of the plaintiff did not receive any counsel. This is why it is very important to hire the very best lawyer in this kind of case. Whether it is traditional negligence case or medical malpractice case, each of them requires certain procedure that will boost your chances of winning the case.
If you or any of your loved ones find yourself in such situation, you may be entitled to monetary compensation. If you let an incompetent attorney handle it, you may lose the compensation. Sometimes the law is not actually about the truth but what is presented to be the truth in each case.
Another kind of case that is also difficult to prove is car accident case. If any of your loved ones gets knocked down, you should understand that it is a must to hire a car accident lawyer Orlando because the driver at fault will also fight back. He will gather his own proofs too.
So, fighting a case of personal injury from an accident without a car accident lawyer Orlando is like taking a knife to a gunfight. Your chances of winning will be slim. As regards the case of pharmaceutical error discussed above, it is not clear if the plaintiff will push the case further with a more experienced lawyer or accept the judgment in good faith.