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  1. #1

    Default Injury Due to Hospital Medication Error

    My question involves medical malpractice in the state of: Denial

    Family member was given twice the dose of a drug by hospital staff that was prescribed. Doctor found error after 4 days of overdose. Patient needed therapy to recover from hospital overdose error. The overdose drug is very toxic at double strength. Doctor indicated this is the kind of error that 'causes lawsuits'. . My questions are:

    1) what % do malpractice attorneys charge if they work on royalties / commission?
    2) If this is malpractice, what is a general range of settlement (i.e. $25,000 to $50,000) for hospital med error?

  2. #2
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    What are the patient's long term or permanent damages?

    That is key to a medmal suit (as a rule).

    And seriously - there's a reason we ask for the state. "Denial", while it used to be cute, doesn't help.

    (And what was the drug?)
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    Quote Quoting Dogmatique
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    What are the patient's long term or permanent damages?

    That is key to a medmal suit (as a rule).

    And seriously - there's a reason we ask for the state. "Denial", while it used to be cute, doesn't help.

    (And what was the drug?)
    I don't even think the OP is in the states?

    what % do malpractice attorneys charge if they work on royalties / commission?

  4. #4

    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    Tough crowd tonight!
    Answers: Illinois / drug is Synthroid
    patient died 1 week later due to multiple health problems, may have been the drug error

  5. #5
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    Quote Quoting Melvin Goodslob
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    Tough crowd tonight!
    Answers: Illinois / drug is Synthroid
    patient died 1 week later due to multiple health problems, may have been the drug error
    What other "multiple health problems"?
    How long was the patient hypothroid and/or taking synthroid?
    What was the dosage of Synthroid precribed and what was actually given to the patient?
    AND....I'd like to clarify that patient was given the increased dose for 4 days...correct?

  6. #6

    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    ]What other "multiple health problems"?

    -renal failure / congestive heart failure

    How long was the patient hypothroid and/or taking synthroid?

    -12+ months

    What was the dosage of Synthroid precribed and what was actually given to the patient?

    -I don't have the numbers

    AND....I'd like to clarify that patient was given the increased dose for 4 days...correct?

    -4 to 7 days, I would need to get the records. Patient became very sick from the high dose of Synthroid and ended up in ICU. I looked up Synthroid, online info says it is highly toxic above the therapeutic dose, but I am not a doctor or lawyer. I don't rely on a profession for my living, instead I work in honest and beneficial commerce...

    [/QUOTE]

  7. #7
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    The patient was already very sick with CHF & renal failure.

    If the patient was already being treated with Synthroid, the increased dosage for such a short period of time may or may not have contributed to their problems, hence the dosage is an important factor.

  8. #8

    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    Quote Quoting lealea1005
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    The patient was already very sick with CHF & renal failure.

    If the patient was already being treated with Synthroid, the increased dosage for such a short period of time may or may not have contributed to their problems, hence the dosage is an important factor.
    Thanks for your reply 'Lea Lady Lea',

    The doctor said the overdose caused the patient big problems...

    So lets assume there was a hospital error resulting in pain, suffering, accelerated death and eternal Hellfire and damnation...

    What percent do malpractice attorneys charge and what are the probable outcomes?

  9. #9
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    A malpractice attorney can charge you

    1. buy the hour at the attorneys determined hourly rate, and that rate can be hundreds of dollars an hour

    or

    2. on a contingency fee basis, expect it to be somewhere between 30% to 40%, and in rare cases up to 50% of the settlement or award

    But in Illinois, you have a sliding scale.

    Sliding scale fees may not exceed one third of first $150,000; 25% of next $850,000, and 20% of damages exceeding 1 million. (Ill. Comp. Stat. Ann. 110. 2. 1114) Attorney may apply to the court for additional compensation under certain circumstances. (735. 5/2. 111 4)

    Probable outcomes:

    1. the defendant successfully argued there case

    2. the plaintiff wins an award but the defendant appeals

    3. the plaintiff and defendant agree to a settlement

    These are the only probable outcomes that we can predict, because we have no other information then what your telling us.

  10. #10
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    Default Re: Injury Due to Hospital Medication Error - What Amount Does It Settle for

    I think it would be extremely - if not prohibitively - difficult to prove that the medication directly contributed to the patient's death.

    This was, as lealea said, a very sick patient.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

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