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We do everything in our power to assemble a persuasive settlement package and resolve your case in an amount that is satisfactory to you. If, however, the other side refuses to settle your case or unreasonably assigns a low value to your case, we are not afraid to take your case to a judge, jury, mediator or arbitrator as they case may be. Our personal injury lawyers represent persons injured in car accidents, boating accidents, truck accidents and motorcycle accidents. Injuries such as whiplash, neck pain, head trauma, disruption of nerves, back pain, discs, ligaments, cervical muscles, soft tissue injury, physical fractures of knees, hips, ankles, or legs are common and cause pain and suffering. At times psychological injuries may form. Stress due to financial and economic loss that follows along with the physical damage may even impede recovery time. A claim for accident benefits must be made as soon as possible to ensure full access to your accident benefits. Our accident lawyers service clients in Mississauga, Brampton, Milton, Oakville, Burlington, Toronto, and Hamilton. We begin by noting that, although the certified question inquires whether a duty is owed to a third party injured in an accident caused by an adverse effect of negligently prescribed medication, the facts supplied by the district court suggest that the McKenzies' negligence claim appears to rest on three general theories. First, the McKenzies claim that the decision to prescribe prazosin in the first instance constituted negligence. Second, the McKenzies claim that the manner in which Dr. Washecka prescribed the prazosin was negligent, namely, that the dosages were too high. Third, the McKenzies claim that Dr. Washecka was negligent because he did not provide Wilson with adequate warning of the danger associated with driving an automobile while taking the medication. The first two theories involve decisions such as whether to prescribe a medication at all, which particular medication to prescribe, and the particular dosage level or schedule to prescribe hereinafter, prescribing decisions; the latter theory involves failure to warn. Although the cases relied upon by the parties do not always expressly delineate this distinction, the distinction is often a key factor in their outcome. Accordingly, we consider the question of duty with respect to negligent prescribing decisions and negligent failure to warn separately. For each issue, we shall weigh the considerations of policy which favor recovery against those which favor limiting liability to determine if any logical, sound, or compelling reason exists to impose a new duty. 6 The most common types of medical malpractice cases in Long Island involve: What this means is that once you have all the information you need and that information is clear and not double-talk, you have the option of entering into the contract or not. No contract can be forced upon you; if they do a procedure on you without your informed consent it can be criminal battery, maybe even assault! And incomplete information is worth as much as no information; you shouldn't be left standing there to fill in the blanks.
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