Over time, we’ve learned that misfilled prescriptions are frighteningly common. Pharmacists can give out the wrong medication to a customer, or they dispense the wrong dosage of a medication.
Usually the mistake goes unnoticed, as the effects of the drug are never connected to a mistake that nobody knows occurred. But sometimes these mistakes lead to serious illness or wrongful death. If you have felt the effects of a pharmacy error, call us for advice for what actions you need to take to preserve your claim. We’ll also help you determine if you can bring a legal claim against the pharmacy for malpractice or negligence.
We are a relatively small law firm that values quality over quantity. For that reason, we are selective about the personal injury clients we choose to represent. Personal injury cases — especially cases involving pharmacy error — can be hard to prove, and it takes time and a lot of money to bring a medical malpractice case involving pharmacy error to a successful conclusion.
In most Pharmacy malpractice lawsuits such as pharmacy errors, the chances of an outcome that favors the plaintiff are slim and cases are dismissed at an alarming rate. Hiring an attorney can help even the odds that are stacked against you as they can strengthen any case you may have against a doctor who has neglected their duty of care and may even be able to settle without going to trial. But how do you pay for a lawyer when you’re also paying for compounding medical bills?
The vast majority of pharmacy errors lawyers use contingency-based payment plans. In these cases, lawyers are only paid when and if their client wins a settlement, with the lawyer’s percentage varying depending on when during a case a settlement was reached. This allows all injured patients to seek damages against a neglectful doctor, even if they could not normally hire a lawyer.
Contingency rates have many pros associated with them. There is no money to pay upfront, so there is a huge financial motivation for your lawyer to argue for the highest award possible. Some lawyers may initially shoulder the litigation fees such as paying expert witnesses, filing paperwork, and requesting medical records. These fees are then later reimbursed when you’re awarded a settlement. Expect to walk away with a large chunk of your settlement going to your lawyer no matter how long the case is. And if a settlement is reached quickly, you may feel that your lawyer hasn’t done enough work to win such a large amount of money.
Hiring a lawyer on contingency may be cheaper earlier on, but hiring a lawyer at an hourly rate may let you walk away with a bigger reward. After paying a retainer – an up-front fee that your lawyer uses for expenses – you will then pay for your lawyer’s hourly rate once a month. You will also be responsible for all of the fees associated with your case once the retainer runs out. And while it seems like there are no benefits to hiring a lawyer with a retainer, you may end up paying less for your lawyer’s hourly rate than a significant portion of your settlement they would have gotten otherwise. You’d also be refunded the remaining retainer balance if there is any leftover.
It’s a good idea to consult with our pharmacy errors lawyer if you’ve been injured due to pharmaceutical negligence. At Wiseman Bray PLLC we will help you walk away with the money you need to recover from the mistakes, but it’s important to understand how you can pay to win your case. Call our pharmacy errors lawyers today and ask about payment options.