What to do if my child was given diabetic medication from a pharmacy instead of an antibiotic?

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What to do if my child was given diabetic medication from a pharmacy instead of an antibiotic?

The pharmacy is wanting us to settle quickly and want a number from us as to what we are wanting. How does one determine how much? They are agreeing to cover her medical bills separatly from the settlement portion. Is there a way to see what kind of settlements the company has paid in the past?

Asked on October 14, 2012 under Malpractice Law, Ohio


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

There is no good way to see what kind of settlements the company has paid in the past.  Almost all settlements these days are "confidential."  This means that the defendants and/or their insurance companies insist that the terms of all settlements be kept strictly secret.  Thus, this kind of information is usually unavailable.   Anything available will be limited and unreliable.

You can find out if the company has been sued before.  You can probably do this yourself by searching for the civil court in the area where the company is located.  In Florida, the court would be a circuit court in the county where the company is located.  In some states, the court is a court of common pleas.  Search by the name of the company and the name of the company's owner.  This will not give you the amount of any settlement but will tell you if the company has been sued.

Having said this, I think you are wasting your time trying to compare other settlements.  Even if you find the information, it will give you only a broad range of settlements.  Every case is different and every case is settled based on different criteria.  Instead, focus on your child's injuries.  Is she (or he) completely healed from her injuries?  If so, add up her past medical expenses, your expenses from caring for her, and something for pain and suffering.  Is she still undergoing treatment?  If so, I recommend you do not settle now unless you can be certain that she will heal completely.  Does she have permanent injuries?  This increases damages as her losses will continue for her lifetime.

If your child suffered minor, temporary injuries and will heal completely and relatively quickly, then you can settle the case yourself.  If the child suffered serious, permanent, or lingering injuries, then I strongly suggest you contact a medical malpractice attorney in your area for assistance.  It is very difficult to handle these matters on your own, although malpractice attorneys charge at least 1/3 of the recovery and usually 40% or more.

Please BE VERY WARY OF A RELEASE! The company will not pay you without a release.  The release will excuse them from any liability beyond what they pay you -- even if your child turns out to have something much more serious than what you know now.  If you decide to accept a settlement and the company agrees to pay medical expenses separately, you must make sure the release says this.  If you sign a release that does not make it clear the company will pay medical expenses separately, they will have no obligation to pay them!

Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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