Do I Have a Legal Claim after a Pharmacy Error?
By Space Coast Daily // September 13, 2024
After you get to the hospital and are diagnosed with an illness, the treating doctor will often prescribe specific drugs and dosages as a treatment.
You then take the prescription note to the pharmacist, who issues the medication as specified in terms of the type of medicine, dosages, and frequency of taking the medication.
Sometimes, pharmacists can make mistakes when issuing drugs, resulting in harm to the patient. Like other professionals in the medical field, pharmacists owe a duty of care to patients purchasing medication from them and are therefore liable when harm results from their negligence.
Elements of Negligence in Pharmacy Error
Like other tort claims, a claimant must prove negligence to recover compensation. Elements of negligence include a duty of care, breach of duty, causation, and damages, all of which must exist for the defendant to be held liable. These aspects become easy to manage with an expert, such as attorney Russell Berkowitz.
Duty of care starts when a patient buys medicine at a pharmacy. If the pharmacist issues the wrong medication, dosages, or frequency of use, they can be said to be in breach of duty. When the patient takes the medication and gets harmed, causation is established. The damages element of negligence is found when the harm results in compensable harm.
When Is the Pharmacist in Error?
Not all cases of medication errors result from pharmacists’ errors. Sometimes, errors can happen on the doctor’s end when prescribing. For example, a doctor can make the correct diagnosis but issue the wrong dosages, medication that reacts with the patient, or drugs that cause harmful interactions.
Since pharmacists follow the doctor’s directions when dispensing medication, these types of prescription errors can make the doctor liable for damages.
Situations where the pharmacist may be responsible include when the pharmacist labels medication incorrectly in terms of dosage and frequency, issues the wrong medication, issues expired medication, or issues contaminated medication.
What to Do if a Pharmacist’s Error Has Harmed You
Like with other malpractice cases, you must have evidence to make your case against the negligent pharmacist or pharmacy. Some of the most critical pieces of evidence in such cases are the doctor’s prescription note, drug sachets, and the pharmacist’s labels, receipts, and a doctor’s report detailing harm caused, to name a few.
Evidence alone doesn’t translate to winning a case; you will still need to fight it out with the defendant, who, in most cases, will have a lawyer working with them, so it is also a good idea to have a medical malpractice lawyer working with you.
Whether you have a lawyer or not, you must follow proper guidelines when filing claims. For example, you must ensure that you file within your state’s statute of limitation. After the statute of limitation lapses, you lose your right to compensation.
Recoverable Damages in a Pharmacy Error Case
If you succeed in your claim, you will recover economic and non-economic damages. Economic damages are all countable expenses resulting from the pharmacist’s errors, such as the cost of treatment, lost wages, prescription medication, etc. Non-economic damages are the intangible losses resulting from the error, such as pain and suffering and emotional distress.
In some situations, you may also recover punitive damages awarded by the court as a punitive measure for gross negligence or intentional conduct. It is important to note that most cases do not go all the way to trial, and punitive damages are only applicable when the court goes to trial.
End Note
If you’ve been harmed due to a pharmacy error, you may have a valid legal claim, provided you can prove negligence on the part of the pharmacist. Understanding the elements of negligence, gathering crucial evidence, and navigating the legal process are essential steps in seeking compensation. Given the complexities involved, consulting with a skilled medical malpractice attorney can greatly enhance your chances of securing the justice and compensation you deserve.
