A kidney failure lawsuit occurs when a person dies because of taking the wrong kind of medication, suffering from side effects of an over-the-counter (OTC) drug or having no access to the proper medical treatment for his kidney problem. Medical experts say that such cases are quite common and that more people may die if the patient is not properly assisted. Some people are not informed about such lawsuits and end up passing away because they do not know how to act or where to turn for help.
Kidney Failure Lawsuit
In most kidney failure lawsuits, medical experts are able to prove that the patient was not given the proper treatment for his medical condition, and that he ultimately died as a result of it. The courts also have the power to determine who is liable for this medical condition and what should be done to hold those responsible for medical negligence.
In such lawsuits, one or more members of a class are usually granted compensation based on the actual amount they would have paid for the medical condition if the patient had been diagnosed with the same medical condition. Usually, the lawsuits are settled out of court through confidential negotiations before a jury trial.
For patients who have lost their lives because of drugs, there are still things they can do to hold those responsible accountable.
The first step is to know if they received a fair hearing by their doctors. Sometimes, cases go to trial, where expert witnesses are presented to the jury to help them determine who is at fault. During such proceedings, doctors are allowed to defend themselves by explaining the patient’s medical condition, its possible consequences and the extent of his suffering.
The defense is allowed to make all reasonable inferences, even if these are in contrast to what the facts show. It is important to note that such cases are often settled out of court, without a jury trial, to avoid dragging out the process.
Another avenue to take when filing a kidney failure lawsuit is to seek compensation for more than the normal medical costs incurred because of the disease.
The defendant’s insurance coverage may not cover all of the expenses incurred. Some companies may only provide coverage for an emergency room visit or a few doctor’s appointments per month. This means that other departments such as the hospital, lab, and surgeon’s office will have to come up with their own means to pay for the prolonged costs of treatment.
A kidney failure lawsuit can also be filed on behalf of families who were exposed to harmful drugs during pregnancy.
One common drug to blame is the antineoplastics, such as amoxicillin, penicillin G, ciprofloxacin, metronidazole, oxaprozin and nizatidine. These medications are commonly given during the development stage of pregnancy, to prevent premature labor and birth defects.
However, these drugs can cause harm to the unborn child by reducing the blood flow to the kidneys, as well as interfering with the normal functions of the placenta. When the fetus does not get enough oxygen due to low blood flow in the kidneys or the placenta being damaged by the antineoplastic drugs, it causes damage to organs of the fetal condition.
As with most legal matters, determining the scope of a lawsuit and the claims it covers depend largely on the nature of the substance involved, as well as the level of negligence on the part of the manufacturer. In some cases, courts have found that there was negligence on the part of the manufacturer that caused a product liability lawsuit to be filed. While most plaintiffs in these cases win their lawsuits, some manufacturers find it very difficult to defend against the charges. If you feel that you have a case, consult a lawyer who has experience with these types of lawsuits to determine whether or not your chances of success will be good.
