by diazlaw | Dec 18, 2018 | Blog
Few people normally worry about what they get from a pharmacy when they need medication. They hand over a prescription in the full expectation that they are going to get what their doctor prescribed. All they need to do is follow the instructions and hope that the pills, or whatever they have obtained, make them feel better. Most of the time that’s exactly what happens. Negligence in a pharmacy is not common, but unfortunately when mistakes happen they can be very serious. Wrong prescriptions, mistakes in the dosage and contaminated products can cause severe illness. Pharmacy negligence can lead to a personal injury claim against the pharmacy, one of the staff working in the pharmacy, or even the doctor who prescribed the wrong medication. If you, or a loved one, become seriously ill as a result of a medication error or pharmacy negligence, you should contact the Diaz Law Firm in Jackson to discuss the possibility of claiming compensation. Examples of pharmacy negligence Pharmacy negligence by its own definition implies that someone in a pharmacy has made a mistake that could have been avoided if more care had been taken. Pharmacies are required by both state and federal legislation as well as their own professional code of conduct to provide a high level of proficiency. When this level of proficiency is not achieved then someone could suffer and the pharmacy would then be liable for that harm caused. Typical cases of pharmacy negligence include: wrong drugs provided i.e. the drugs or medication prescribed by the doctor were not the same as the ones provided by the pharmacist. drugs are...
by diazlaw | Nov 13, 2018 | Blog
Jackson has an active nightclub scene and usually most people have a good time unwinding after work at these venues and go home having enjoyed themselves. Occasionally, there are problems. Nightclub attendees are sometimes involved in altercations either inside the nightclub or in the immediate vicinity or even have an accident while leaving, perhaps in a cab or their own vehicle. What are the limits of liability in a nightclub injury? Should the victim of an attack just blame the person or persons who attacked them and seek damages from them or can they blame the nightclub? As in many personal injury cases, the answer is never a straightforward one and depends on the exact circumstances, the ability of the attacker to pay any proven damages and the liability of the nightclub to its customers. For the purposes of this article we shall confine the topic to the question of liability after a nightclub attack that occurs inside the venue only. Who was involved in the fight? If a fight occurred inside the nightclub, who was involved? How did it start? If you were involved in a fight that was a mutual affair, it is unlikely that you could claim any damages at all. It is a general feature of the law that this would be regarded as a “mutual affray.” It would be different if you were the innocent victim of someone else’s malevolence, i.e. it was an unprovoked attack against you, or you were hit by accidentally, e.g. by a bottle thrown through the air by someone else. If you were the victim of an attack started...
by diazlaw | Oct 23, 2018 | Blog
Social media can be a blessing and a source of acute embarrassment at times. For many people these days, it might seem hard to even imagine the days when just about everything that happens to you is discussed endlessly on one social media platform or another. Most people have often become aware that they need to be a little more careful about what they post if they are applying for promotion or a new job. Prospective employers may be in the habit of taking a look at more than just LinkedIn, which is commonly used as a personal profile for professional purposes. Now it seems that social media sites may also be the subject of attention by insurance providers if you have been involved in an accident. By ‘insurance providers’ what is meant is the insurer who may be asked to cough up a substantial amount of money in compensation if their client is proven to have been responsible for an injury. Insurers do not particularly like giving out compensation willy-nilly and rarely take plaintiff’s accounts of an accident at face value. A successful personal injury case after a serious accident and accompanying injury is something that must be taken very seriously by the injured victim. Any evidence that the claim has not offered the correct information or that there are inconsistencies in the account of the accident are likely to be pounced on by insurers. The higher the stakes, the more furiously will the insurer seek to avoid paying. It might seem hard to avoid using your favorite social media sites to discuss the accident you had with...
by diazlaw | Sep 11, 2018 | Blog
There are many ways that a prescribed medication could end up harming the person it was intended to help. In most cases this is not the fault of the patient, unless that person has given wrong information about their health complaint to the doctor who prescribed the medication. More often, a wrong prescription medication is due to an error made at some point in the supply chain that starts with the manufacturer of the drug and ends with the patient. More specifically, the fault could lie with: the manufacturer; the doctor who prescribed the medication; the pharmacist who supplied the medication; someone else, such as the distributor of the drugs, a pharmacist’s assistant etc. Consequences of a wrong prescription medication There is no hard and fast answer to the sorts of consequences that could result from a wrong prescription medication. They could range from no effect at all, i.e. the medication supplied is totally ineffective, yet not harmful, right through to very serious ill effects and even death. If you suspect that you have taken a wrong prescription medication, you should certainly seek medical attention straight away and ensure that the medication you have been given is tested for contents while retaining proof of what you have been given for legal attention. If the effect on you is serious (i.e. not just a mild headache), you should contact a medical malpractice attorney, or a personal injury attorney with experience in medication errors as soon as possible. Determining who was at fault As has already been mentioned above, apart from a patient unintentionally misinforming a doctor about their complaint, there...
by diazlaw | Aug 20, 2018 | Blog
Life seemingly gets more and more complicated all the time. Although technology has in countless ways made life simpler, it also has increased the number of tasks we can tackle and perform from just about anywhere. Where once a car drive was a means only to get from Point A to Point B, cell phones now permit an opportunity to do business, check on the family via Facetime or Skype, or simply keep up with social media while traveling. This has created the very significant danger of the distracted Jackson Mississippi driver who attempts to do these things while driving or stopped at a stop sign or light. According to the National Highway Traffic Safety Administration, 10% of serious or fatal incidents and 17% of minor injuries that occurred in an accident happened because the driver was distracted. In fact, in 2011, 3,331 people died due to distracted driving. Distracted Driving These statistics make it clear that Mississippi, as well as other states throughout our country, have to take action against distracted driving. After all, they realize that distracted driving is the leading cause of traffic collisions. As the name implies, distracted driving is any activity or behavior that displaces the attention of the driver of a motor vehicle from the act of driving. Some examples of distracted driving include eating while driving, interacting with other people in the car or changing the audio reception. However, by far, the single most dangerous form of distracted driving involves texting. The Unique Dangers of Texting Those who study distracted driving report there are three separate and distinct ways in which...
by diazlaw | Aug 8, 2018 | Blog
What’s the Difference Between a Workers’ Comp. and a Personal Injury Claim? For ordinary Mississippi workers, it can be hard to know how to cope financially if a serious injury occurs. Many workers are hard pushed to find enough money for basic needs if they can’t get their regular paycheck and yet a serious injury can see them off work for weeks or even months. Hospital bills can quickly mount up and even those people who are insured may find that their insurance is insufficient for anything but basic treatment. Workers’ compensation in Mississippi If the injury has been caused at work most workers should be covered by their employer’s workers’ compensation insurance. This is a basic form of compensation which covers medical treatment, often at the employer’s designated provider, and a percentage, typically around two thirds, of any wages that have been lost. Workers’ compensation may also cover future estimated medical treatment if the injury is long term as well as compensation for permanent disability. Not all workers’ compensation claims are honored straight away. The ball tends to be in the employer’s insurer’s court and even though workers’ comp. claims are theoretically no-fault claims (i.e. are not dependent on proving negligence by the employer) are frequently denied. Workers’ comp. claim denials often entail lengthy and complex appeals. These are rarely won without the help of an experienced workers’ compensation attorney. Certainly, if you have learned that your workers’ comp. claim has been denied for some reason, you should contact an attorney to discuss how you can appeal the decision. Mississippi personal injury claims Any injuries that have been...
