If you have read through this book chances are that you are seriously considering hiring an attorney to represent you. The lawyer you hire to represent you for a pharmacy mistake is one of the most important decisions that will affect the outcome of your case. It’s extremely important to take some time to do your homework before making a decision. This chapter details the five biggest mistakes people make when they hire a pharmacy error lawyer. This list is a starting point for you to make an informed decision.
Mistake #1: Hiring a lawyer who is not board certified in personal injury trial law.
The single biggest mistake people make when hiring a pharmacy error lawyer is to sign up with an attorney that has little to no experience in personal injury law and/or in pharmacy error cases. Many people assume that they can call any lawyer to handle a personal injury case, but this is not a wise decision. When you need medical attention you seek a doctor; when you need a leak repaired you call a plumber. When you need legal advice, you should contact someone board certified in the area of practice concerning your issue.
There are many types of practice areas when it comes to the law and pharmacy malpractice falls under the area of personal injury law. This is where you need to set your target. If you hire an attorney that takes any case under the sun, you’ve got problems. Likewise, hiring a lawyer that practices criminal defense or immigration law instead of specializing in personal injury can mean the difference between a successful outcome or a complete failure for your case.
So, how do you know which lawyer is the best one to handle your case? The answer is that you should contact an attorney who is board certified in personal injury law. While not all board certified attorneys have experience handing pharmacy error claims, they have all achieved a minimal level of competence to attain board certification. In most states, you have to practice for a certain amount of time and sit for an exam, at a minimum.
Q: What is Board Certification?
Basically, this is where the cream rises to the top. Board certification means that an attorney has gone through several requirements by a state
board that includes:
Texas State Board Certification Requirements
In order to meet Texas Board Certification, attorneys must:
Mistake #2: Hiring the lawyer you see on TV.
There are some lawyer advertisements that are simply embarrassing to the law profession. An ad with an ambulance and the face of an angry attorney promising to fight for you doesn’t mean an experienced lawyer is waiting to take your call.
In fact, these advertisements don’t mean anything at all when it comes to representing you. The important facts you need to know, like area of specialization, years of experience and case history are never represented in the ads you see on TV. Don’t make the mistake of assuming that simply because a lawyer is on TV, he or she must have more than enough experience to take your case.
Mistake #3: Hiring a lawyer who is not honest about the strengths and weaknesses of your case.
If a lawyer promises you that there is no doubt you will win your case, you need to keep searching. Every case is unique. Let me repeat that: every case is unique, and a lawyer who has experience will never tell you in an initial meeting that they can win outright. In my experience, no case ever has such a clearly drawn line toward success.
Every pharmaceutical case needs to be investigated and through this process the strengths of your case will be obvious. A good lawyer will also spot the weaknesses of your case and point them out to you.
As an Example: Let’s say you come to my office for a free consultation to discuss a pharmacy error case.
Through this meeting you tell me that the pharmacy already contacted you and you have given them a recorded statement. I am going to be honest with you and tell you that this could drastically hurt your case, depending on what you disclosed during the recorded statement.
A lawyer who makes all sorts of too-good-to-be-true promises to you probably has little experience or is just plain dishonest.
The law is complex and extremely difficult to navigate. It is constantly evolving. A lawyer worth his title will stay ahead of these changes by achieving, and retaining, board certification in the process outlined in Mistake #1. The purpose of hiring a lawyer is so that you have someone representing you with experience wading through this sea, even when the waters get rough.
Mistake #4: Hiring a lawyer who is too busy.
We’re from Texas, but as far as law firms go: bigger is not always better and can actually hurt your case.
One mistake that many people make when hiring an attorney is thinking that they should go for the biggest and the best firms they can find on TV, the Internet, or the Yellow Pages. The fact that they are prominent firms usually means that they have a big workload and the attorneys working at these firms are probably overworked. Because they handle cases in mass, it does not matter to them that they don’t achieve maximum value on each and every case. Do you want to know a secret?
At some of the bigger law firms, the attorneys are sometimes too busy to handle most of their workload and the majority of your case tasks will probably get pushed to an overworked paralegal. Hiring an attorney is probably one of the biggest decisions of your life and your case deserves individualized attention. Receiving that kind of attention from a big firm can be very difficult.
One option that is sometimes overlooked is to contact smaller or medium-sized law firms. Doing this can actually yield far better results and you will probably notice the difference right away. Your phone call will be returned quickly, you will likely meet with the attorney who would handle your case, and you will have a consultation that doesn’t feel rushed. The initial contact and consultation can tell you a lot about how your case will be handled.
Mistake #4: Hiring a lawyer who has little experience handling pharmacy error claims.
Hiring an attorney is an important decision. You need to hire the right lawyer for the right case. If you had a broken arm, would you go to a dermatologist to get it set? Likewise, if you had a land dispute, would you hire a criminal lawyer to represent you? Pharmacy error claims are no different.
Many personal injury lawyers handle auto accidents, premises liability cases, job injuries, etc. A subset of that group may handle medical malpractice claims. A subset of the group that handles medical malpractice claims may also do pharmacy error work. It’s important to find that small subset of attorneys who regularly do pharmacy error work.
When an attorney opens up a claim with the pharmacy, it is important for the attorney to know what to expect. If he has worked on few of these claims, he or she won’t know important factors that affect the outcome of your claim, including:
It is very important to find a lawyer who has been down this road before many times.
Pharmacy errors can cause death or significant health concerns. If you think that you have been harmed due to a
Pharmacy negligence results in 1.5 million injuries to people in the US each year. These errors happen in the hospital
Pharmacists are required by law and by definition of their duties to provide specific care to their customers and patients
