Monday, June 20, 2022

You Need to Know About California Drug Laws – Marcarian Law Firm

What Did You Need to Know About California Drug Laws?

California drug laws are very specific about the use and possession of substances other than weed.  This blog is a guide to California drug laws and penalties as well as what to know about California drug testing laws so you can learn about the best of Los Angeles Drug Injury Attorney California while adhering to the law.

Having illegal drugs like cocaine or heroin and controlled substances such as prescription drugs not obtained by a medical prescription is against the law in California. If you are caught in the state while possessing suspicious amounts of illegal or controlled substances, you could be facing legal consequences.

Related – Pharmacist Attorney California

A misdemeanor might not sound like a big deal, but even this lesser charge could mean big challenges for your future.  Long-term repercussions for possession could mean limitations on your ability to get a job or retain current employment. And while California drug screening laws don’t require employers to drug test, you may be subject to one if you have been charged with a misdemeanor drug charge.

Additionally, being convicted of an illegal drug charge could mean big altercations for your family. In some instances, the conviction could jeopardize child custody. At the very least, CPS Hospital Injury Attorney Los Angeles in California requires parents with drug convictions to be drug screened as a part of proving fitness for parenthood.

Understanding California’s Health & Safety Code Section 11153

Section 11153 of California’s Health & Safety Code is called the “corresponding responsibility” statute.

Under the corresponding responsibility statute, a pharmacist is required to make sure that a controlled substance prescription is issued for a legitimate medical purpose. There are ways to determine if a prescription for a controlled substance is issued for a legitimate medical purpose including:-

  • Review the patient’s profile to see if the patient has the same or similar prescription
  • Running a CURES Report to identify prior usage of the same or similar drug
  • Finding out whether the patient is obtaining a particular controlled substance from other sources and/or from other prescribers
  • The frequency the patient receives the prescriptions

The above includes some of the information a pharmacist needs to consider to exercise his/her professional judgment on whether to fill a prescription for a controlled substance.

Drug Injury Attorney California

If you are a pharmacist facing an accusation that you promoted or facilitated pharmaceutical or prescription drug abuse, you need to seek legal assistance as soon as possible.

At the Marcarian Law Firm, P.C., we are uniquely placed to help clients get through these types of situations. Our prescription drug abuse California Pharmacy Attorneys have the resources necessary to fully investigate these situations and defend pharmacists against disciplinary actions or the revocation of their license.

Thursday, June 16, 2022

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to show all of these things:

A Doctor-Patient Relationship Existed

You must show that you had a physician-patient relationship with the doctor you are using -- this means you hired the doctor and the doctor agreed to be hired. For example, you can't sue a doctor you overheard giving advice at a cocktail party. If a doctor began seeing you and treating you, it is easy to prove a physician-patient relationship existed.

The Doctor Was Negligent

Just because you are unhappy with your treatment or results does not mean the doctor is liable for medical malpractice. The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.

The Doctor's Negligence Caused the Injury

Because many malpractice cases involve patients who were already sick or injured, there is often a question of whether what the doctor did, negligent or not, actually caused the harm. For example, if a patient dies after treatment for lung cancer, and the doctor did do something negligent, it could be hard to prove that the doctor's negligence caused the death rather than cancer. The patient must show that it is "more likely than not" that the doctor's incompetence directly caused the injury. Usually, the patient must have a medical expert testify that the doctor's negligence caused the injury.

The Injury Led to Specific Damages

Even if it is clear that the doctor performed below the expected standards in his or her field, the patient can't sue for malpractice if the patient didn't suffer any harm. Here are examples of the types of harm patients can sue for:

  • Physical pain
  • Mental anguish
  • Additional medical bills, and
  • Lost work and lost earning capacity

Learn more about the requirements of a Medical Negligence Attorney

Failure to Warn a Patient of Known Risks

Doctors must warn patients of known risks of a procedure or course of treatment -- this is known as the duty of informed consent. If a patient, once properly informed of possible risks, would have elected not to go through with the procedure, the doctor may be liable for medical malpractice if the patient is injured by the procedure.

When you need a Los Angeles Top Medical Malpractice Attorney, you can contact us for an initial consultation of your case by clicking here or calling 818-995-8787 or 800-924-3784.

Our Blog

Los Angeles Wrongful Death Lawyer & Employment Law Experts

Introduction: Legal Help When You Need It Most Life is uncertain, and tragedies and injustices can strike at any moment. If you have los...