Ohio prescription error lawyers | Elderly can suffer medical malpractice from prescription errors

Chuck Boyk — Thu, 08 Jan 2009 16:35:35 GMT

Our Ohio medical malpractice lawyers see the devastating that effects that prescription errors can have on a family. Often times these fatal prescription errors are made during the care of an elderly or disabled person.

The Journal of Hospital Medicine reported that 49 percent of almost 500,000 hospital patients 65 and older have been prescribed one or more drugs known to be unsafe to older patients.

The Institute of Medicine reported that at least 1.5 million Americans are sickened, injured or killed each year by errors in prescribing, dispensing and taking medications.

Prescription errors can be characterized as any of the following:

• Prescribing the wrong medication
• Dispensing the wrong medication
• Prescribing the right medication in the wrong dosage
• Prescribing a medication that may have severe interactions with other medications the patient is currently taking
• Filling the wrong prescription or dosage
• Giving patients the wrong instructions for taking the medications
• Neglecting to monitor the patient's response to drugs
• Mislabeling the drug placed in a bottle and misuse of generic drugs

Our Ohio prescription error attorneys urge patients and caretakers to be extra cautious before taking any type of medication, whether it is over-the-counter or prescription, in order to prevent potentially fatal prescription errors. Talk to you doctor and your pharmacist about your medications, and make sure that the paperwork matches what you discussed.

Read all labels and make sure that the bottles have your name and contact information on it. Also make sure that your pharmacy is aware of all drugs that you are taking, in order to prevent adverse side effects or overdose.

Originally posted at InjuryBoard by Chuck Boyk

Toledo, Ohio car accident attorney answers readers' questions

Chuck Boyk — Mon, 13 Oct 2008 10:39:00 GMT

What do you do if you purchase a car that turns out to be a lemon? Do you have any legal rights?

Toledo, Ohio car accident lawyer Dale Emch answers readers general legal questions on everything from car accidents, workers’ compensation, medical malpractice, or wrongful death. Contact our office if you would like to have your general legal question considered for Attorney Emch's Toledo Blade column, "Legal Briefs."

Dear Dale: My father-in-law purchased a new car that has continued to have the same engine problem. He's taken it in for repairs, but the problem keeps happening again and again. He's fed up and wants to know what his rights are.

ANSWER: It sounds like he may have purchased a lemon and could be entitled to a new car. In certain situations, Ohio's Lemon Law protects consumers who have purchased new cars that are plagued by problems.

The law applies only to new cars that are less than 1 year old or have fewer than 18,000 miles, whichever happens earlier. First of all, the dealer or manufacturer must be given a reasonable opportunity to make any repairs necessary so that the vehicle conforms to the warranty. You might be able to get a new car or a full refund if any of the following factors apply:

• If repairs have been attempted at least three times on essentially the same problem, but the problem persists.

• If one attempt has been made to repair a problem that could cause death or serious bodily injury, and the problem still exists.

• If the car has required eight or more repairs, not necessarily for the same problem.

• If the vehicle has been out of service for repairs for a cumulative total of 30 days.

If the consumer decides to replace the lemon, Ohio law requires that the new vehicle must be acceptable to him. Alternatively, a full refund of the purchase price can be demanded. The purchaser of the lemon also can recoup costs such as fees charged for cancelling a loan or lease, or towing costs and vehicle rental fees.

Despite the law, the consumer may run into a dealer or manufacturer who won't make things right or who believes that you don't have a right to seek the relief contemplated by the law. If that's the case, the lemon's owner can file a lawsuit seeking to recover the damages incurred. The law also allows for the recovery of attorney's fees and court costs if the consumer wins the case. That said, if certain factors are met, the consumer could be forced into arbitration, which essentially is an out-of-court hearing in front of a neutral party.

So, your father-in-law could be entitled to a new car or a full refund if the factors listed apply. It's important that he documents all of the problems and repair attempts so he can exercise his rights under the law. He should start a file and hold on to all of the paperwork associated with the vehicle.

For more information, check out the informative site the Ohio Attorney General's Office has put together on the Lemon Law at www.ag.state.oh.us/citizen/consumer/lemon_law.asp.

Originally posted at InjuryBoard by Chuck Boyk

Toledo Personal Injury Lawyer - Medical Malpractice

Ohio prescription error lawyers | Elderly can suffer medical malpractice from prescription errors

Toledo, Ohio car accident attorney answers readers' questions