What Is the Legal Process for Filing a Claim for Permanent Hearing Loss from Medication Error?

Permanent hearing loss is a critical and life-altering condition, and several causes are responsible for it. If you or someone you know has suffered from permanent hearing loss due to a medication error, it may be possible to file a claim to seek compensation for damages. However, initiating a claim for such matters can be intricate and intimidating due to the legal procedures involved.

Hearing loss is a frequently occurring issue among older individuals. It can happen for many reasons, like chronic disease, aging, loud noise, and genetic variations. According to the National Institute of Aging, one-third of older adults in the US suffer hearing loss. However, one more thing that can cause hearing loss is medication error.

This article will provide an overview of the legal procedure for filing a claim for permanent hearing loss from medication error and the steps involved in pursuing a claim.

1. Hire an Attorney Experienced in Handling Similar Cases

If you are considering filing a claim for permanent hearing loss resulting from a medication error, it is recommendable to hire an attorney experienced in handling similar cases. An experienced attorney can provide valuable guidance and support throughout the legal exercise and help ensure your rights are protected and you receive the compensation you deserve.

One example of a medication that has been associated with permanent hearing loss is Tepezza (Teprotumumab). It was used to treat a condition called thyroid eye disease. As a result, the US Food and Drug Administration (FDA) issued a warning in 2020 regarding the potential risk of permanent hearing loss associated with Tepezza. This warning helped those who lost their hearing ability to file a lawsuit for the health damage.

As a result of this warning, individuals who have suffered permanent hearing loss due to using Tepezza are eligible to file a Tepezza hearing loss lawsuit. An experienced attorney can help individuals affected by this medication understand their legal rights and assess the strength of their case. They also help in pursuing compensation for damages such as medical expenses, lost wages, and pain and suffering.

2. Identifying the Parties Involved

The parties involved can vary depending on the circumstances of the medication error but generally include the following:

• The Patient: The person who suffered permanent hearing loss due to the medication error is the most crucial party in the case.
• The Healthcare Provider: The healthcare provider who prescribed the medication, administered it, or failed to monitor the patient for adverse effects.
• The Pharmacy: The pharmacy that filled the prescription may be liable for dispensing the wrong medication or providing incorrect dosing instructions.
• The Manufacturer: The medication manufacturer may be held liable for failing to adequately warn patients of the potential risk of permanent hearing loss associated with the medication.

Identifying the parties involved in the case is the first step in pursuing a claim for permanent hearing loss resulting from a medication error. However, the legal procedure for identifying and holding the responsible parties accountable can be complex and requires the expertise of an experienced attorney.

3. Gathering Evidence

The evidence collected can help establish the basis for seeking compensation for losses, such as medical expenses, lost wages, and pain and suffering.

Gathering proof is essential to move for a trial. There are numerous instances where insufficient evidence caused the convict’s release or dismissal of the lawsuit. For example, according to the Supreme Court, in 2022, a lawsuit filed by Larry Thompson against “malicious prosecution” was dismissed based on insufficient evidence. Thus, it is necessary to gather relevant evidence before filing a lawsuit.

Some key types of evidence that may prove helpful in building a robust case are medical records, expert opinions, prescription records, witness statements, and employment records.

Working with an experienced attorney ensures that all relevant evidence is identified and collected effectively. In addition, an experienced attorney can help individuals gather proof and ensure that they are presented in court to support their compensation claims.

4. Understanding the Statute of Limitations

The statute of limitations refers to the legal timeframe for commencing a lawsuit, which varies between states, typically ranging from one to ten years.

When permanent hearing loss is attributable to a medication error, seeking the counsel of a skilled attorney promptly after discovery is imperative to avoid exceeding the statute of limitations. An attorney can help determine the applicable statute of limitations and ensure that the lawsuit is filed within the required timeframe.

5. Knowing the Legal Process

Understanding the legal exercise involved in seeking compensation for your losses is essential. Knowing the legal formalities can help you make informed decisions about your case, assess the strength of your claim, and determine the best course of action for pursuing compensation.

The legal process for a claim involving permanent hearing loss caused by a medication error typically begins with filing a lawsuit against the responsible party. For example, the responsible party could be the healthcare provider, the medication manufacturer, or another party involved in the medication error. A lawsuit will initiate the legal process and start the action of seeking compensation.

Working with an experienced attorney who can provide guidance and representation is crucial. If you hire an attorney, they can assist you in comprehending your legal rights, evaluating the viability of your claim, and devising the most effective approach for pursuing compensation.

6. Compensation Awarded in Permanent Hearing Loss Cases

The amount of compensation awarded in permanent hearing loss cases can vary widely. It will depend on the case’s specifics, the extent of the permanent hearing loss, and the jurisdiction where it is being tried. In some cases, the plaintiff may get punitive damages which are intended to punish the responsible party for their actions and deter similar conduct in the future.

Collaborating with a seasoned attorney is essential since they can evaluate the viability of your case, ascertain the suitable amount of compensation, and advocate for your interests in a court of law.

Your Likelihood of Success is Amplified with the Guidance of a Competent Attorney

The legal exercise for pursuing a claim for permanent hearing loss caused by a medication error can be complex and challenging to navigate. However, by hiring an experienced attorney, understanding the legal process, and gathering evidence, you can increase your chances of success in pursuing compensation for your losses.