Don’t Become a Victim of Drug Company Fraud

Jan 31, 2016 by

The pharmaceutical business is a cutthroat industry, and unfortunately certain drug companies have used fraudulent methods to ensure their profitability. It’s possible you’ve been a victim of this fraud without realizing it, and you could all too easily become an unsuspecting victim in the future. Arm yourself with the knowledge you need to strategically use medication and maintain your health and safety.

What is Pharmaceutical Fraud?

This form of deceit includes activities that result in false claims to insurers or medical programs in order to boost the financials of a pharmaceutical company. GlaxoSmithKline, Pfizer, and Merck have all suffered fraud cases and provided billion dollar settlements for harmful drugs, but the trend still occurs.

Some companies use off-label marketing, which involves illegally misbranding a drug for uses not approved by the FDA. Other companies violate the Good Manufacturing Practice regulations that enforce adequately equipped facilities, trained personnel, and laboratory controls. Kickbacks are also a popular form of fraud in which the company provides rewards like cash, free vacations, and lavish gifts to entice medical professionals into using specific services or drugs.

Examples of Fraud

In 2012, GlaxoSmithKline pleaded guilty to criminal charges of fraud and settled in a $3 billion agreement. This is the largest health care fraud case in the U.S, and it occurred because the company illegally promoted prescription drugs, bribed doctors, and failed to report safety data. Paxil, Wellbutrin, Advair, Zofran, and Flovent were all involved in this case.

What to Do If You are Victim

If you find that you have taken a drug marketed or provided through illegal methods, contact an attorney immediately. These drugs, though developed to help medical conditions, can cause terrible side effects, especially when used inappropriately as is often a result of fraud. Fraud victims can receive settlements from the company and compensation for the ensuing damages.

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What You Need to Know About Prescription Drug Malpractice          

Jan 19, 2016 by

The world of prescription medication is far, far more complex than simply picking up your prescription from the pharmacy and heading home. Though medication is meant to manage and cure illnesses, the incorrect use of a prescription can cause complications, further injury, and even death. Up to one million prescription medication errors occur in the United States every year, but how? Mistakes can happen all too easily when doctors determine the prescription, when the prescription is transferred to the pharmacy, when the pharmacy fills the prescription, and when the prescription is administered. Under the right conditions, these errors can actually form solid grounds for a medical malpractice lawsuit.

The Doctor’s Mistakes: It is your doctor’s responsibility to prescribe a medication that will positively impact your health without causing complications or dangerous drug interactions. He is also duty-bound to explain all of the medication’s risks and side effects so that you can make a fully informed decision. Failure to complete these obligations can be determined as negligence, and therefore prescription drug malpractice, in a court of law.

The Pharmacist’s Mistakes: You trust your pharmacy to give you the medication prescribed by your doctor in the appropriate dosage, with the right instructions, and with the requisite warnings of use. If you receive the incorrect medicine in any capacity and it causes you harm, you have grounds for prescription drug malpractice.

Compensation: If you want to pursue a prescription drug malpractice suit, your attorney will help you seek compensation for past and future medical expenses and care required to overcome the harm caused by your prescription medication.

Addiction: Unfortunately, prescription narcotic abuse has skyrocketed in past years. People use them to recover from surgery or terrible injuries and end up becoming addicting to the opium, a drug also found in heroin. In certain cases, a patient can sue for prescription drug malpractice based on the idea that the physician was negligent to supply the addiction patient with too much of a narcotic drug and no pain management referral or other attempted solutions.

In a world of extensive prescription drug use for a host of ailments and maladies, it’s vital that you pay close attention to the medicine provided to you and stand up for yourself in the case of negligence.

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Injured? You Need a Personal Injury Lawyer

Jan 18, 2016 by

auto accident casesWhen you are involved in a personal injury situation, recovering from the trauma and physically healing aren’t the only challenges you will need to overcome. Between doctors, law enforcement, and insurance companies, chances are you will be bombarded with questions, demands, and requests that you don’t feel comfortable handling. Personal injury attorneys Myrtle Beach make their living helping personal injury victims navigate their way through the overwhelming complications involved in an injury situation.

Your Attorney Represents Only You. Unlike insurance companies that have their own motives during an injury, your personal injury lawyer is dedicated to helping you receive maximum compensation.

Your Attorney Understands the Complexities. Personal injury cases are riddles with intricacies that you may not even know to look for, but your lawyer has the experience to navigate the murky waters of the law. With an attorney’s help you can avoid accepting a settlement that is far too low based on your injuries and you won’t run the risk of accidentally passing the statute of limitations on the case. The rules and regulations involved in filing a claim are difficult to translate, and a car accident lawyer can eliminate those headaches off of your shoulders so that you can focus on healing. You wouldn’t visit the chiropractor for a chipped tooth, and you wouldn’t see your barber for chest pain, so why fight your own way through a personal injury without the professional trained to handle it?

Your Attorney Expects the Unexpected. Many personal injury cases reach a stalemate with an insurance company that denies that their insurance is responsible for coverage or refuses to offer a fair settlement package. This is often a ploy to get you to drop the claim, and your attorney will know to recognize their tactics and continue pushing until you get the results you deserve.  If the government was a player in your injury, your probate attorney st petersburg can weave past their refusals, denials, and avoidance strategies in order to enforce a successful legal claim.

The law is never clear or easy, and hiring a personal injury attorney when you have been hurt at someone else’s fault is the best way to ensure you are compensated fairly.

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What’s the Deal with Alimony After Divorce?

Jan 15, 2016 by

Divorce is an incredibly tough time for most couples. The emotional turmoil alone can be devastating, but the financial ramifications can create immense stress and friction. Alimony exists as a protection to divorced parties to ensure that finances are fairly distributed. Here are the most important facts that you should know.


alimony payments

Types of Alimony

Each state is slightly different, but Florida in particular provides five different forms of alimony. Temporary alimony is enforced while the divorce is pending to support the lesser earner, so it ends once the divorce finalizes. So called “bridge the gap” alimony exists for a very short time after the divorce to help the recipient meet specific legitimate short-term needs like housing.  Rehabilitative alimony is awarded for the purpose of the lesser earning spouse to attain education and training required for appropriate employment. The fourth form, durational alimony, can be awarded no longer than for the length of the marriage. Finally, permanent alimony is allowed to provide financial support to the lesser earning spouse if he or she can’t self-support at a standard of living close to the marital standard.

Factors in Determining Alimony

Unlike child support, there is no specific formula for alimony. A judge uses all information provided to determine the best alimony solution as per shown by your divorce lawyer. In general, the spouse who earns more money is responsible for helping the other spouse maintain a relatively similar lifestyle after the divorce, if the lesser-earning spouse can’t achieve that alone. But with that said, a court will never award alimony if it would leave the paying spouse with a much lower net income than the recipient.

The length of the marriage, each spouse’s age and health, each spouse’s contribution to the marriage, childcare responsibilities, and all sources of income are considered as factors to decide upon alimony.

Even adultery is considered a factor in alimony decisions if it caused financial harm.



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Divorce or Separation? Question From Pennsylvania.

Nov 4, 2015 by

ILe divorcen Pennsylvania, there aren’t any laws that acknowledge the definition of legal separation.

But that does not indicate that couples in disaster have only one choice from which to pick. There are a number of reasons for couples to select to reside individually but stay wed, either temporarily or forever. Often, couples make your decision to split to get a time period while they determine if the marriage could be salvaged or for reasons associated with their kids or finances. This time also can be utilized to meet Pennsylvanias two-year waiting period for divorcing on the reasons of no-fault. When attempting decide to divorce or split, it is best to consult an experienced attorney for advice and guidance.

Fiscal Problems to Consider

Fiscal problems can play a vital role in determining to split or divorce. Under specific conditions, separation may make more fiscal sense than divorce, particularly when the relationship is amicable and neither party is intending to marry another person in the not too distant future. Problems to consider include:

Social Security benefits Unless the couple was married for ten years or even more, the lesser-earning partner isn’t going to qualify to get some of the former partners Social Security benefits during the period of retirement. Because of this, some couples wed for less than ten years might want to hold back till they’ve reached that 10-year brink before they divorce.

DivorceTax benefits Couples wanting to cut costs by filing joint tax returns can decide to split rather than divorce.

Health insurance benefits By remaining wedded, couples are able to benefit from staying about the exact same medical insurance plan.

But in the event the couple decides to divorce later on, it’s vital they define a date where time the separation started. The most certain solution to get this done is always to file a divorce charge.

Separation Arrangement

If the couple decides to live in different places or under an identical roof, they are able to settle several significant problems with reference to finances and child custody and visitation by making a separation arrangement. Dwelling apart without a separation arrangement may be high-risk. If one partner decides to rack up a lot of debt, or make important changes to investments or insurance policies, it may cause major problems in the future, leading to litigation. An alternative could be to possess a reasonable and binding contract drafted.



Conversely, a separation arrangement is a civil contract between two partners, and unless the arrangement continues to be made portion of a court order, the sole redress open to your partner is always to sue for breach of contract. This applies to any portion of the deal together with the exclusion of child support, which will be definitely supported by means of a court order.

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Can I Sue A Doctor Who’s Treating Me Wrong?

Nov 4, 2015 by

talk-to-your-doctor-smallPatients instill much trust within their physicians, sharing private information together so that you can get the most effective clinical treatment. Nonetheless, situations may arise in which a patient believes that he/she continues to be handled badly inside the range of the physician/patient relationship.

Medical Malpractice

Medical malpractice is the most frequent lawful claim orders against physicians. A medical malpractice claim appears when a physician did not treat the individual in conformance with all the approved medical standard of care as well as the patient suffered some harm because of this. The medical standard of care is the kind of attention that another doctor in the same community practicing in an identical kind of medication could have supplied within the identical situation.

Among the very frequent reasons a doctor could be accused of medical malpractice is as a result of failure to diagnose. That is premised on the theory the patient needlessly endured for a length period of time as the physician failed to correctly assess tests or run tests that should have fairly notified him or her of the possible analysis.

Medical malpractice cases more often than not need medical experts to testify regarding the appropriate standard of care that must have already been supplied under the circumstances. These are frequently doctors who practice inside an identical kind of medication the doctor defendant practices in.


This tort will not require the contact really happen, but only requires the sufferer gets the understanding that it’ll. In the medical context, this could happen if your physician threatens to take medical actions from the patients will.

If your patient is under anesthesia during the period of the contact, an assault tort will probably not apply. The reason being assault in this circumstance is dependant on the patient being cognizant and mindful of the action endangered upon them. In the event the individual is unconscious, they will probably not know about the action endangered.

Also, the assault has to be at hand and immediate. It’s not enough to get a health care provider to threaten something weeks or years in the future. The action have to be jeopardized to happen shortly.


criminal-law-policyBattery happens when someone deliberately touches or has other unwanted physical contact with someone else in a dangerous or offensive way. Battery may use when patients are sexually or physically mistreated by their physicians. This also can happen when a physician performs an wrong operation or medical treatment on the individual. Similarly, this could happen when a physician does something to the patient without permission.

This can be according to a physicians horrific actions that deliberately or recklessly causes a patient to suffer serious psychological distress. The common-law tort needed a physical symptom of harm, but most authorities no longer need this component. This cause of action continues to be successful in a few instances where patients recorded their physicians performing medical treatment while mocking and ridiculing the individual into a critical level.

This requires the plaintiff showing that the emotional disturbance happened due to the defendants negligent activities.

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