Just because a pharmacy error happens, it doesn’t necessarily mean that it is categorized as malpractice. There are different legal distinctions that need to be in place to determine if you have a malpractice case that is worth pursuing.
In this article, we are breaking down the various types of pharmacy malpractice. You will see a common trend: these malpractice issues happen when a pharmacist or pharmacy fails to meet the accepted standard of care, and then the failure results in measurable harm to the affected patient.
For example, if a one-time distraction happens and it doesn’t cause an injury, then it is categorized as an error. But if there is a systemic failure with a prescription verification and someone ends up in the hospital as a result, then it could be malpractice.
Our legal team at Wormington & Bollinger is here to help you determine whether you have a medical malpractice case. We’ll review the situation and determine if the legal threshold for the four essential elements of malpractice is established: a duty existed, that duty was breached, the breach of duty caused the patient’s injury, and there were damages as a result.
The Most Common Pharmacy Errors That Lead to Lawsuits
Here are some of the most common types of pharmacy mistakes that we see that often result in medical malpractice cases:
- Wrong Medication is Dispensed: The patient receives a drug that is completely different from the purpose of the prescription. Sometimes, there are dangerous contraindications that could put the person’s health at risk.
- Incorrect Dosage: Even though the patient received the right drug, they received the wrong strength or incorrect dosage instructions. Another example is if the patient should have received a liquid form, but they were given a tablet instead.
- Failure to Catch a Drug Interaction: Pharmacists are trained to look at the other medications that a patient is using to identify any combinations that could cause potential complications, such as organ damage, bleeding, or cardiac events.
- Ignoring Documented Allergies: Every patient should have documented allergies on file. If a pharmacist dispenses a medication that the patient is known to be allergic to, then it could be categorized as malpractice.
- Labeling Mistakes: If the medication is mislabeled or accidentally dispensed to the wrong patient, then it could result in serious consequences. These clerical issues can cause severe harm to the patients involved.
- Failure to Counsel: Each patient has the legal right to be informed about how they should be using the medication. If the pharmacist fails to provide the necessary information to the patient, then it could be a form of medical negligence.
Who Can Be Held Liable for a Medication Dispensing Error?
Each situation is unique, which is why there is never a one-size-fits-all approach for the different types of pharmacy malpractice. The best solution is to consult with an attorney who has experience with medical malpractice cases to determine liability and the best way to move forward with your claim.
The first place to look is at the individual pharmacist who filled or verified the prescription. Next, it’s possible that the pharmacy technicians could share liability if the error originated in their data entry or preparation.
Other named parties might include corporate pharmacies (CVS, Walgreens, Rite Aid) if they had working conditions that increased the likelihood of prescription errors. For example, if the pharmacists were working under unrealistic quotas for prescription volumes, then the pharmacy might be found partially liable for the errors.
The prescribing physician can also be found liable in a prescription error lawsuit if the original prescription was illegible, unclear, or inappropriate based on the patient’s clinical findings.
Finally, compounding pharmacies fall in a special category since they manufacture custom medications. As a result, they could be under stricter scrutiny if something goes wrong and a patient is harmed.
How to Prove Pharmacist Negligence in Court
The most important decision you are going to make is to hire a legal team with experience in the medical malpractice industry. You deserve to have trusted legal support so that your legal team can build a case that is going to result in a settlement for your injuries.
Proving pharmacist negligence in court requires that four elements of your case be established:
- Duty: First, it’s necessary to establish a pharmacist-patient relationship and that there was a professional standard of care that applied in the situation.
- Breach: Next, you need to show how the pharmacist’s actions were less than what most other pharmacists would have done in the same circumstances.
- Causation: There needs to be a proven connection that shows how the breach resulted in direct harm to the patient. This is a critical factor because it’s where most cases are won or lost. Often, expert testimony is necessary to prove causation.
- Damages: Every consequence of the pharmacy error needs to be proven, including medical bills, lost income, pain and suffering, long-term health impacts, etc.
What Compensation Can You Recover After a Pharmacy Malpractice Lawsuit?
Hiring an experienced attorney is the best way to maximize available compensation for your settlement. Potential compensation might include:
- Economic Damages: These damages are clear because of documented invoices and receipts, including medical expenses, lost wages during recovery, and long-term future earning capacity (if the injuries are permanent).
- Non-Economic Damages: Other damages are more challenging to calculate the value because they include things like pain and suffering, emotional distress, and permanent disfigurement.
- Wrongful Death Damages: If a patient loses their life, then the surviving family members might be compensated for the fatal error.
- Punitive Damages: If the case involved gross negligence, then the court might punish the liable parties because of their reckless behavior.
FAQs
Can I sue a pharmacy for giving me the wrong medication?
Yes, if you received the wrong medication and it caused you harm, then you might have grounds for a pharmacy malpractice lawsuit.
Is every pharmacy mistake considered malpractice?
No, not every mistake means that pharmacy malpractice occurred. There must be an error that breached the professional standard of care, and it caused harm to the patient.
Wormington & Bollinger is Here to Advocate for Patients Harmed by Pharmacy Malpractice
If you or a loved one has been harmed by a pharmacy error, then you should contact an experienced attorney as soon as possible. For more information about available legal services, contact us to discuss your case and determine the best way to move forward.