Pharmacists must ensure patients receive the correct medications in the appropriate dosages. However, mistakes can happen, and a medication error can have serious or even life-threatening consequences. If you or a loved one has been harmed due to a pharmacist’s error, you may wonder whether you can take legal action. Here’s what you need to know about suing a pharmacist for a medication error.
What Constitutes a Medication Error?
A medication error occurs when a pharmacist fails to provide a patient with the correct medication, dosage, or instructions. Common examples of medication errors include:
- Providing a drug that differs from the one prescribed by the doctor.
- Filling a prescription with the wrong strength or instructing the patient to take an incorrect amount.
- This involves overlooking potential harmful interactions between the prescribed medication and others the patient is taking.
- Providing incorrect or incomplete instructions on how to use the medication.
- Not advising patients about known risks or side effects of a prescribed medication.
Depending on the circumstances, such errors can lead to adverse health effects, worsening medical conditions, or even fatal outcomes.
When Is a Pharmacist Legally Liable?
To hold a pharmacist liable for a medication error, you must establish that their actions amounted to negligence. This involves proving the following elements:
- Duty of Care–Pharmacists have a legal duty to provide patients with accurate and safe medication services.
- Breach of Duty–The pharmacist must have failed to meet the accepted standard of care by filling a prescription incorrectly.
- Causation–You must show that the pharmacist’s error directly caused your injury or worsened your condition.
- Damages–You must demonstrate that you suffered physical, emotional, or financial harm due to the error.
Pharmacists are trained professionals, and courts expect them to exercise a high standard of care. When they fail to do so, legal accountability may follow.
Steps to Take After a Medication Error
If you believe you’ve been harmed by a pharmacist’s mistake, taking the proper steps can protect your health and your legal rights:
- Seek immediate medical attention–Address any adverse effects caused by the error to prevent further harm.
- Preserve evidence–Keep the prescription bottle, medication packaging, and any written instructions provided by the pharmacist. These can serve as evidence of the error.
- Document the incident–Include details about the error, including the date, location, and how you discovered the mistake.
- Consult a personal injury attorney–An experienced attorney can evaluate your case, gather evidence, and guide you through the legal process.
Acting quickly is crucial, as there are time limits (statutes of limitations) for filing lawsuits related to medical errors.
What Compensation Can You Recover?
If you successfully sue a pharmacist for a medication error, you may be entitled to compensation for:
- Medical expenses–Costs for treatment, hospitalization, or corrective care related to the error.
- Lost wages–Income lost due to time missed from work while recovering.
- Pain and suffering–Compensation for physical pain and emotional distress caused by the incident.
- Future expenses–Anticipated costs for ongoing care or long-term impacts of the error.
Your attorney will help determine the full scope of your damages to ensure you receive fair compensation.
How Simeone & Miller, LLP Can Help
If a pharmacist’s error has harmed you or a loved one, Simeone & Miller, LLP is here to help. We understand the physical, emotional, and financial toll medication errors can take, and we are committed to holding negligent parties accountable. Our experienced team will investigate your claim, gather evidence, and fight for the compensation you deserve. Contact us today so we can start working on your claim.
