Craig Ortwerth defends those injured or killed due to negligent doctors or hospitals, greedy drug manufacturers, medical malpractice, dangerous medical devices and more
Can I file a lawsuit against a doctor or hospital?
When you trust your doctor to provide the right care and advice, you expect them to live up to that standard. Unfortunately, there are instances where this is not the case and patients are treated unfairly. When a healthcare provider fails to meet the standards or practices of their profession, it can be considered medical malpractice.
This is when a doctor or other medical professional breaches the duty of care they owe a patient, leading to negative consequences for that patient. A breach of the standard of care can be intentional (such as if a doctor knowingly misreads test results or intentionally recommends an unsafe drug for financial gain) or unintentional (such as when an honest mistake happens). Medical malpractice occurs when an error in judgment leads to negative consequences for the patient.
Can I file a lawsuit against a pharmacy or drug manufacturer?
Prescription drugs and medical devices are supposed to improve our health. Prescription drugs and medical devices are regulated and approved by the Food and Drug Administration (FDA) before they reach the consumer. However, despite this oversight, there are large deficiencies in the FDA process for introducing certain drugs and devices to the market.
According to the Centers for Disease Control and Prevention (CDC), pharmaceutical drugs kill over 40,000 people yearly. In 2011, it was reported that prescription drug deaths outnumbered traffic fatalities in the United States. Recent studies highlighted by the CDC estimate that more than 50% of all the drugs marketed to the American consumer have injurious effects, despite testing and FDA regulation.
Unfortunately, FDA recalls of many dangerous and medical devices have occurred after thousands of people were injured occurred.
Our medical malpractice attorneys can bring lawsuits against a multi-billion dollar industry
Prescription drugs and medical devices are a multi-billion dollar industry per year. Big pharmaceutical and medical device manufacturers spend huge amounts of money to design products for our use. If a product shows promise, a company will invest even more money to push it through human testing. Sometimes, in a rush to gain FDA approval, danger signs are overlooked or ignored. Because so much money is involved, manufacturers have been known to hide potentially damaging information and hope the negative findings.
What is an FDA recall?
According to the Federal Food and Drug Administration (FDA), a recall will lead a firm to remove one of its products from the market. Recalls may be conducted by a firm’s own initiative or on the request or order of the FDA. The FDA will order a recall of a drug if it is defective and/or potentially harmful.
- Class I: Dangerous product that may cause serious health problems or death
- Class II: May cause temporary health problem or pose as a slight threat
- Class III: Unlikely to cause adverse health reaction but violates FDA laws
How do I know if I am a victim of medical malpractice?
There are many instances where it is possible to file a medical malpractice claim. The following are some of the most common signs that you have been treated unfairly by a medical professional. These signs do not guarantee you were wrong, but they could be red flags that point to medical malpractice.
Some instances in medical malpractice cases include:
Your doctor failed to diagnose (or misdiagnosed) you
If your doctor does not properly diagnose a condition or misses a sign that something is wrong, then it may be seen as a breach of the standard of care. Some conditions are difficult to diagnose, but misdiagnosis is a sign that a doctor has not met the standard of care expected of them.
Failure to diagnose a serious condition or misdiagnosing a condition as less serious than it is can be seen as negligence in diagnosis. Providing a substandard treatment or treatment that is not suited to the patient’s needs could also be classified as negligence.
Your doctor does not take the proper steps to help, serve, or understand you or your concerns
If your doctor treats you like a number or fails to ask questions that would allow them to understand you as a person, it could be seen as a breach of the standard of care. A doctor that does not take the time to understand you as a person cannot provide the best care.
Wrongful birth or wrongful life
A doctor that misdiagnoses a pregnancy or fails to diagnose a fetal abnormality that should lead to termination of the pregnancy could be seen as negligent. If an infant is born with a condition that could have been prevented by termination, it could be seen as a wrongful birth.
Wrongful death due to failure to prevent an existing condition
A doctor that fails to diagnose a chronic or existing condition in a patient could be seen as negligent. This could lead to complications that could require treatment (such as surgery) and/or death. If a doctor fails to properly treat this condition and complications arise, it could be seen as wrongful death.
If a loved one passed away after seeing a doctor, we highly recommend you speak with a wrongful death attorney to review your case.
Powerful medical malpractice attorneys in Saint Louis
A recent study conducted by Brigham and Women’s Hospital in Boston counted more than 1,700 drug recalls listed in the FDA’s enforcement reports between 2004 and 2011. During that time, the FDA issued approximately 2,900 announcements through the Recall Alert System.
Ortwerth Law, LLC is currently accepting cases against the following medical devices and dangerous prescription drugs:
- GranuFlo
- IVC Filters
- Levaquin
- Lexapro birth defects
- Pradaxa
- Nuvaring
- Zofran
- Testosterone supplements
- Trans Vaginal Mesh
- Xarelto
Speak with a local medical malpractice lawyer
If you or a loved one thinks you may be a victim of medical malpractice, we recommend you speak with a local personal injury lawyer to discuss your case so you can understand your options.
