A subcategory of medical malpractice, law, pharmacy malpractice occurs when negligence on the part of your pharmacist leads to illness, injury, severe side effects, and/or death. This can occur through a number of acts on the part of the pharmacist, all of which fall under the heading of negligence.
Legally, a pharmacist is bound to dispense the proper type and dosage of prescription medicine(s) to patients. This includes filling prescriptions to exacting measures. The wrong medication or the wrong dosage could hurt or kill a patient.
Your pharmacist is also responsible for overseeing any other medications you may be taking to ensure that there are no harmful interactions between any of your various medications. He or she must also take into consideration any documented allergies that the patient has, as these issues could be either harmful or fatal, as well.
Negligence on the Part of a Pharmacist
If you are issued the wrong type or dosage of medication by your pharmacist, this is obviously negligence. However, if you or someone you love has been the victim of pharmacy malpractice, you must act quickly. The burden of proving negligence is on you in cases like these, and you are responsible for showing that the pharmacist made a negligent mistake.
Even if your pharmacist is not directly at fault for filling the wrong prescription or giving the wrong dosage, if they assigned this work to a technician who does not hold a degree or any licensing as a pharmacist, this is still negligence. When delegating tasks, your pharmacist must oversee and double-check any prescriptions filled by technicians.
However, negligence may also be proven if your pharmacist overlooked an allergy to a particular medication or a harmful interaction between a new medication and any medications you are currently taking. If it can be proven that your pharmacist had access to all pertinent information, then this is also a case of negligence, and you have reason to pursue a pharmacy malpractice suit.
When to Call a Pharmacy Malpractice Attorney
If you believe that you are the victim of pharmacy malpractice and/or someone you love has been affected by a pharmacist’s negligence, you should contact a pharmacy malpractice attorney immediately. The sooner you seek legal counsel, the stronger your case will be and the easier it will be to prove negligence.
Your attorney will go over all aspects of your case with you, including the various ways in which the pharmacy’s insurance company will attempt to disprove your claim. For example, they may attempt to disprove some element of your claim. In this case, they will attempt to prove that the pharmacist’s actions did not lead to your illness or injury and that no negligence occurred.
They may also take the defense that your pharmacist was following your doctor’s prescription and did not hold any other responsibilities. If, for example, you had a bad interaction between your current medication and the medication prescribed to you, your pharmacy’s insurance company may attempt to prove that the pharmacist was not informed of your current medication and could not have predicted the outcome.
Even if this is the case, though, a qualified pharmacy malpractice attorney may still prove negligence. For example, if patients in your situation are commonly prescribed a drug that is known to have significant interactions with the medication your doctor has prescribed for you, then they may still be responsible for failing to follow up with you about any other medications you may be taking.
If you believe you may have a pharmacy malpractice case, do not hesitate to call a qualified pharmacy malpractice lawyer today to discuss your case.