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Practice Areas
MEDICAL MALPRACTICE l Frequently Asked Questions

I.

General Information about Medical Malpractice
II.

Variations in Medical Malpractice Cases

  A. Negligence of Hospitals, Physicians and Others
 

B. Misuse of Medications and Medical Devices

 

C. Emergency Situations vs. Informed Consent

  D. Contract / Warranty Breaches
 

E. Certificate of Merit

III. Health Care Provider Roles
IV.

Hospital

V.

Vicarious Liability

VI. Duties of Pharmaceutical Companies / Manufacturers
VII. Prescription Medications
VIII.

Res Ipsa Loquitur

X.

Conclusion

 
" Contact a medical malpractice lawyer representing clients in Dubuque, Iowa today to schedule your free initial consultation."


Prescription Medications


Prescription medications represent a class of pharmaceuticals, the use of which requires the supervision of a learned intermediary, such as a physician. The manufacturer has a responsibility to warn only the intermediary, not the consumer. In most cases, if the drug company adequately informs the physician of the drug's potential dangers, the company has fulfilled its duty to the public.

Before a physician prescribes a prescription medication to a patient, the physician is duty-bound to fully advise the patient of the drug's risks, so that the patient is capable of making an informed decision in determining whether or not to take the medication. If the doctor fails in his or her duty to relay the manufacturer's warning to the patient, responsibility usually will lie with the physician, not the drug manufacturer.

Physicians know that when they prescribe a medication, their knowledge concerning the medication is far superior to that of the patient's. Being such, the physician understands that the patient relies heavily on the doctor's judgment. Once the doctor has been advised of a prescription drug's dangers, the doctor and not the patient, is in a position to understand whether the medication is appropriate for a particular patient. The physician should be cautious against over-prescription. Because a patient normally relies heavily on the doctor's judgment in prescribing such medications, the doctor should readily accept responsibility for the patient's safety with regard to the prescription medication.

In seeking legal redress against a drug manufacturer for injuries caused by pharmaceuticals, the usual theories of products liability (strict liability, negligence, breach of warranty) are applicable. A negligence action in medical malpractice is justifiable if the health care professional's conduct is to blame. Drug manufacturers and drug-prescribing physicians hold positions of trust. The drug companies and physicians should therefore expect that if their misconduct causes damage, they will be held responsible.

Prescription medications have enabled us to overcome and/or cure illnesses that were often fatal decades ago. By the same token, prescription medications can also be confusing, dangerous, and expensive. Following is information on how to read prescriptions, how to take them, and how to respect them.

Each prescription has four parts:

1. Superscription: The heading where the symbol R or RX is located.
2. Inscription: The area of the prescription that contains the names and quantities of the
      ingredients or drugs.
3. Subscription: The directions for compounding or mixing the drug.
4. Signature: Often preceded by the sign "s," this is the portion of the prescription that gives the
     directions to be marked on the bottle, vial, or container.

Physicians are notorious for having poor penmanship. You may have concerns about a pharmacist being able to read a health care professional's prescription for you. Once you receive your prescription, you may not understand all of the abbreviations and notations on the label. If you don't, you might find the following glossary helpful.

a.c.: before meals, from the Latin "ante cibum"
ad lib: use as much as one desires, from the Latin "ad libitum"
b.i.d.: twice a day, from the Latin "bis in die"
da or daw: dispense as written.
gtt.: drops, from the Latin "guttae"
pc: after meals, from the Latin "post cibum"
p.o.: by mouth, or orally, from the Latin "per os"
p.r.n.: when necessary, or as circumstances require, from the Latin "pro re nata"
q.d.: once a day, from the Latin "quaque die"
q.i.d.: four times a day, from the Latin "quater in die"
q.h.: used where a medicine has to be taken every so-many hours, from the Latin "quaque," meaning "every," and "h" indicating the number of hours. For example, q.2h.: every two hours.
t.i.d.: three times a day, from the Latin "ter in die"
ut dict.: as directed, from the Latin "ut dictum"

While prescription medications are usually helpful, at the same time they can also be dangerous. If you abuse prescription medications or fail to take them as directed, you may have a serious adverse reaction. While your health care professional is responsible for prescribing the right medication and dosage, and your pharmacist is in charge of filling the prescription, you are responsible for taking the medications as directed and assisting your doctor and pharmacist in any way that you can. Here are some tips on how you can fulfill those responsibilities.

1. Make sure that any and all of your physicians know what types of medications you are on, including over-the-counter medications and/or alternative medicines. If your physician is considering prescribing medications to you, he/she needs to make sure that they won't have a dangerous adverse reaction with any other medications you are taking.

2. Try to keep all of your medical care with the same group or practice so your physician can easily access all of your medical information and review your prescription medications. If you must see other physicians or specialists, make sure that they receive your chart from your primary care physician, or ask them to speak with your primary care physician before prescribing any type of medications.

3. Make a list of your medications including their names and the instructions for their use. This will be beneficial if you are on many different types of medications for many different conditions. Keep the list in a place where it is easily accessible.

4. Take only the dosages that your doctor has prescribed. If you feel that any medication you are taking is not having its intended effect, call the prescribing physician and discuss a possible alternative medication or a higher dosage.

5. If you experience any adverse or abnormal reactions to your prescription medications, seek medical attention immediately.

6. If you have small children in your home, make sure that you have childproof caps on all of your medication bottles. Keep the bottles away from anyone who may not understand their use or potency.

7. Although you may feel that you have similar symptoms or a similar condition as a friend and/or family member, never take another person's prescription medication. You can't be certain that you won't have an adverse reaction to a medication or that dosage that was not intended for you.
Prescription drugs can be life savers, or at least life enhancers, but when the wrong drug or a dangerous drug is prescribed, the incorrect dosage is ordered, the drug is unsafe, or in a variety of other unfortunate circumstances, it can be disastrous.

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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.

 
If you would like to schedule a free initial consultation contact an Iowa medical malpractice attorney, representing clients in Dubuque, Iowa at Carney & Appleby P.L.C. Office. Give us a call at (515) 282-6803 or email us at info info@carneylawfirmiowa.com.
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Carney & Appleby, P.L.C.


303 Locust Street
400 Homestead Building
Des Moines, IA 50309
Phone: (515) 282-6803
Fax: (515) 282-4700
E-mail:
info@carneylawfirmiowa.com
 
The medical malpractice & personal injury claims and settlement attorneys  at the Carney & Appleby Law Firm are dedicated  to serving their clients in central Iowa,  including the cities of Des Moines, Council Bluffs, Cedar Rapids, Davenport, Waterloo, Denison, Dubuque, Webster City, Newton, Knoxville, Ottumwa, Corydon, Decorah, Sioux City, West Des Moines, Clive, Centerville, Ames, Spencer, Emmetsburg, and the communities that make up Polk, Pottawattamie, Linn, Scott, Black Hawk, Crawford, Dubuque, Hamilton, Jasper, Marion, Wapello, Wayne, Winneshiek, Woodbury, Story, Appanoose, Clay and Palo Alto counties.
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Des Moines, Iowa Law Firm practicing in Iowa primarily in Administrative Law, Criminal Defense, Family Law, Insurance Defense, Medical Malpractice, Motor Vehicle Accidents, Personal Injury, Legislative Law & Lobbying Law. Lawyers at Carney & Appleby, P.L.C. are dedicated to serving their clients in Iowa, including the cities of Des Moines, Council Bluffs, Cedar Rapids, Davenport Waterloo, Denison, Dubuque, Webster City, Newton, Knoxville, Ottumwa, Corydon, Decorah, Sioux City, West Des Moines, Clive, Centerville, Ames, Spencer, Emmetsburg, and the communities that make up Polk, Pottawattamie, Linn, Scott, Black Hawk, Crawford, Dubuque, Hamilton, Jasper, Marion, Wapello, Wayne, Winneshiek, Woodbury, Story, Appanoose, Clay and Palo Alto counties.

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