Medical & Pharmacy Malpractice

Every year in the United States, approximately 250,000 people die due to medical malpractice. Millions are injured, some so severely their lives will never be the same. Others have prescriptions filled and rely on the label for directions on how to take the medication, only to be harmed when the medication, the dosage or instructions are incorrect. If you believe that you or someone you love has been the victim of medical or pharmacy malpractice, you need an experienced Inland Empire medical & pharmacy malpractice attorney in your corner.

Tiedt & Hurd- Experienced Inland Empire Medical Malpractice Attorneys

John Tiedt represents victims of medical malpractice.  Mr. Tiedt used to represent doctors and hospitals for 13 years before he decided to only represent victims of medical malpractice.  Therefore, Mr. Tiedt is familiar with how medical malpractice defense law firms operate.  Medical malpractice is one of the most difficult sub-specialties of law.  It takes years of training and experience to be an effective advocate in a medical malpractices.  It takes a real specialist to know what cases should be litigated or arbitrated.

Not all medical errors amount to medical malpractice and some medical errors are not the legal cause of the alleged injury. In order to prove your medical malpractice claim you must prove that:

  1. The healthcare provider failed to use the level of skill, knowledge, and care in the diagnosis and treatment that other reasonably careful healthcare providers would use in the same or similar circumstances (This is known as the “Medical Standard of Care”);
  2. That the breach of the Medical Standard of Care by the healthcare provider was a substantial factor in causing the injury; and
  3. You must prove that you suffered damages (e.g., physical and/or mental pain, loss of earnings and incurred medical costs).

Retaining and preparing the right medical experts to prove the issues of liability, causation and damages is critical to the success of a medical malpractice case.  The lawyers at Tiedt & Hurd have worked with some of the best medical experts in California, and also faced some of the best experts produced by the defense bar.   We know the quality of expert evidence required to prevail at trial or arbitration.  Litigators need to be experienced and knowledgeable about the laws that govern medical malpractice cases in California before they take a case to trial.   Mr. Tiedt has been handling medical malpractice cases since 1988.

Our goal is to do our best to restore you after you have suffered an injury negligently caused by a healthcare provider.   Unfortunately, general damages (damages for pain and suffering) are capped by law in the state of California in the amount of $250,000.00.  Despite that fact, we will make sure we seek full compensation for your damages.   Our goal is to also get our clients cost effective and expedient results.  If you have a meritorious case, we will take your case to trial.  If it is wise and/or cost effective to settle without a trial, we are very experienced negotiators.

Tiedt & Hurd- Experienced Inland Empire Pharmacy Malpractice Lawyers

Pharmacists have several legal duties that they owe to their customers.  They have a duty to provide the appropriate medication prescribed by an authorized healthcare provider and to ensure that the prescribed medication is dispensed in the correct dosage.  Pharmacists must also ensure that there is correct labeling containing appropriate instructions and warnings. Pharmacists must know adverse reactions of medications taken together.  However, Pharmacists and their staff make mistakes that can result in serious injuries and even death.

Pharmacists are professionals and the public relies on pharmacies and pharmacists to accurately and safely dispense medication.  Unfortunately, pharmacists often do make mistakes such as providing the wrong medication or providing the correct medication in the wrong dose.  These errors can lead to serious injuries or even death. Over one million people are injured each year due to medication errors, costing billions each year.   It is estimated that nearly 100,000 people die each year due to medication mistakes. In a study conducted by Pharmacist Mutual Insurance Company, the following types of errors were identified: wrong drug dispensed – 52%; wrong strength dispensed – 27%; wrong directions given – 7.4%; for a total of 86.4% of errors that could have been prevented.  There have been some cases in which pharmacists have intentionally reduced or increased the strength of the active ingredient in medications.

Our office handles pharmacy malpractice claims.  Aside from the obvious issue of whether or not the prescription was accurately filled, we look into whether the pharmacy had adequate staffing and whether or not there was an appropriate support system to ensure that prescriptions were double-checked by another individual to ensure accuracy.  It is well established that many dispensing errors can be caused by stress, distraction, insufficient staff, or lack of back-up.

The encouraging news is that some pharmacies have recognized the problem and have employed such techniques as unannounced inspections and other monitoring methods to examine how stores fill and dispense prescriptions.  Unfortunately, mistakes will still occur at the pharmacy and therefore, the pharmacies must be held accountable.

If you or a family member has been seriously injured because of a pharmacy mistake, contact the professionals at Tiedt & Hurd.