More than $259 billion was spent on prescription drugs in 2010. Projections indicate that this amount will double over the next decade. When the Affordable Care Act is fully phased in, drug spending growth is likely to grow more than 6% a year in the years 2015 through 2021.
Potential liability for negligence or malpractice in prescribing or administering drugs presents a risk for physicians in all practice areas and, as the use of pharmaceuticals continues to rise, so also will the risk of lawsuits related to their use.
Attorneys, physicians, insurers, employers, and others who may be affected should be aware of the damages in litigation involving the negligence or malpractice of a physician prescribing or administering drugs. It is critical to know the strategies and techniques to employ and understand the issues involved.
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Attorneys:
Counsel must develop a list of facts and circumstances, specific to the client’s fact situation, which demonstrates proof of injury caused by negligence in prescribing or administering drugs or medications.
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Physicians:
The other parties to the litigation will scrutinize the treating physician, medical experts, diagnosis, and treatment provided. The physician must consider this checklist when presenting a defense to a negligence or malpractice action.
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Insurers:
When investigating a claim of injury caused by malpractice in prescribing drugs, the insurer should carefully evaluate the actions of the health provider and others. The insurer should look for the following “red flags” and consider how they impact the insurance coverage and the liability for payouts.
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Employers:
Employers and their risk managers are concerned with preventing absenteeism and the ability of their employees to work effectively. Not all injuries are work related, however. This checklist should be considered when determining if the employee's injury from a prescription drug is "work related."
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