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Pharmaceutical Error Lawyers in West Virginia

Our Charleston surgical/pharmaceutical error lawyers represent clients who have been harmed or lost a loved one due to a surgical or pharmaceutical error.

Medical malpractice is the failure of a medical professional to provide care and treatment that meets a certain standard of care. Surgical errors and pharmaceutical errors are two ways this negligence commonly occurs.

If you suspect that you have been harmed or lost a loved one due to a surgical or pharmaceutical error, you should seek help right away from an experienced medical malpractice lawyer.

At Mani Ellis & Layne, PLLC, we have been protecting the rights of patients and their families in Charleston and throughout West Virginia for many years. We can conduct an immediate, comprehensive investigation of your case and determine what went wrong with the medical care that you or a loved one received. We can then get to work on seeking the compensation you deserve.

To discuss your case, please contact us today by phone or through our online form. Our consultations are always free and confidential.

Surgical Errors

Surgical Errors
Doctors, nurses, anesthesiologists, orderlies and others in the operating room each have specific duties they must fulfill during a surgery. When they fail to fulfill those duties in a safe and effective manner, patients can suffer devastating harm.

Many surgical errors can be classified as “never events.” This means that they are so serious, preventable and costly that they should never happen. Unfortunately, they do happen – frequently.

A study published in the journal, Surgery, estimated that 4,082 surgical never event medical malpractice cases occur each year in our country. Nearly 40 percent of those cases result in the patient suffering permanent injury or death.


Retained foreign bodies

Retained foreign bodies
When surgical instruments such as a scalpels or sponges are left inside patients. The lack of an effective tracking system can cause these errors. A patient may suffer a serious infection before the mistake is discovered.

Wrong-site surgery

Wrong-site surgery
When a surgery is performed on the wrong area of a patient’s body. For example, a doctor may remove the wrong kidney or ovary. Doing something as simple as a final check before starting a procedure could avoid such errors. The damage caused is often permanent.

Wrong-patient surgery

Wrong-patient surgery
When a patient undergoes a surgical procedure that was supposed to be performed on another patient. This error can often be traced to the fact that the patients had similar names or their hospital beds were moved around.

Wrong-procedure surgery

Wrong-procedure surgery
When a surgery is performed on the right part of a patient’s body, but it is not the type of surgery that was required. For example, performing cataract surgery instead of glaucoma surgery on a patient’s eye.

Other types of surgical errors include pre-operation diet or medication mistakes, anesthesia errors, lacerations or punctures and the failure to monitor a patient for blood clots, excessive bleeding, breathing difficulties and infections after an operation.

An investigation into a suspected surgical error in your case may reveal that it was caused by factors such as:

  • A surgeon’s lack of experience (or poor supervision by a veteran surgeon)
  • Poor communication among the surgical team members
  • Time pressures or fatigued caused by overworking
  • Poorly maintained or outdated surgical tools and equipment
  • A lack of protocol or a failure to follow established protocol.
An investigation may also reveal that a particular doctor or hospital has a history of surgical errors.

Pharmaceutical Errors

Pharmaceutical Errors
Pharmaceutical errors – also called medication errors – typically involve a patient being given the wrong type or wrong dosage of a drug.

Those who rely on doctors, nurses or other medical professionals to administer their medication such as elderly adults or young children face a high risk of suffering harm from these errors.

Patients who receive many different kinds of medication also are at risk – especially the risk of one drug interacting dangerously with another.

Like surgical errors, pharmaceutical mistakes occur more often than you imagine. The U.S. Department of Health and Human Services reports that adverse drug events lead to an estimated 100,000 hospitalizations and 700,000 emergency room visits each year in the U.S.

In many instances, medication errors are entirely preventable. According to the National Coordinating Council for Medication Error Reporting and Prevention, these errors are frequently caused by:

  • Failure to check a patient’s history
  • Breakdowns in oral or written communication
  • Mistakes in the labeling of medication
  • Failure to properly train and supervise those who administer medication
  • Lack of drug administration protocol (or failure to follow protocol).
As the Institute for Safe Medication Practices notes, pharmaceutical errors rarely result from the negligence of one person. Instead, they are the product of “a series of system failures.”

Another major problem is the prescription of drugs for “off-label” uses. In fact, as the Wall Street Journal reports, a recent study found that 12 percent of the medications prescribed by doctors in the U.S. are for unapproved uses.

Although a doctor may believe that prescribing a drug for an off-label use may be the most effective way to treat a patient’s condition, the problem is that it may expose a patient to dangerous side effects.

The failure to discuss the benefits and risks associated with a drug and to obtain the patient’s informed consent before prescribing it can be a form of medical negligence.

How a Lawyer Can Help You

Mani Ellis & LayneThe attorneys of Mani Ellis & Layne, PLLC, have more than 35 years of combined legal experience and the highest peer-review ratings possible in the Martindale-Hubbell® legal directory. We know how to effectively and efficiently handle cases involving surgical and pharmaceutical errors.

We can thoroughly investigate your case, including reviewing your medical records, interviewing eyewitnesses and examining the medical equipment and medication involved in your case. We can also consult with highly qualified medical experts who can help us to identify the errors that occurred in your case.

We can seek a timely resolution of your case through a fair settlement with the individual medical professionals, hospitals or health care organizations involved in your case. If a trial is necessary, our skilled litigators will be fully prepared to fight for you in court.

Our Charleston Surgical/Pharmaceutical Error Attorneys Are Ready to Help You

Million Dollar Advocates and Multi-Million Dollar AdvocatesAll of the partners of Mani Ellis & Layne, PLLC, are members of the invitation-only Million Dollar Advocates and Multi-Million Dollar Advocates forums.

We know how to protect our patients’ rights in complex medical malpractice cases such as those involving surgical or pharmaceutical errors. We are ready to get to work for you today.

We serve clients in Charleston and throughout West Virginia. Contact us today to discuss your case in a free and confidential consultation.

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