When you are sick, getting a prescription from a physician is quite a relief. You assume your healing journey will begin immediately after picking up your medication.
A medication error is the last thing you’d think of when heading to the pharmacy for your prescription. Regrettably, pharmacy mistakes are well too common than you can imagine.
A pharmacy mistake can happen in a minute, but the outcome can be overwhelming. A prescription medication error can place your health at risk or even leave you with life-changing injuries.
So, what do you do when pharmacy mistakes happen? That is the question that this post seeks to answer. Read on to learn everything you need to know about suing a pharmacy for mistakes.
What Happens When a Pharmacy Makes a Mistake?
Pharmacists play a critical role of dispensing drugs to patients, some of whom are very sick. If a pharmacy hands over the wrong meds or drug dosage, it can be considered medical malpractice under pharmacy malpractice laws.
Statistics show that about 10% of prescription drugs are filled incorrectly. Filing a wrong prescription is usually harmless, so it is reasonably excused. But in some instances, it can be tragic.
For example, the pharmacist would be held responsible for the injuries if the wrong medication leads to a stroke or disabling injuries.
So, if a pharmacist makes an error that causes injury, you may hold them legally responsible for malpractice.
How Often Are Pharmacy Mistakes Made?
Most of us take some medication at some point in life. In fact, U.S pharmacies fill approximately 4 billion prescriptions every year.
Based on this number, how common are mistakes in pharmacy?
Pharmacy mistakes happen quite often. With the increasing number of new drugs entering the market, pharmacy errors are increasing at alarming rates across the U.S.
Pharmacies dispense the wrong medication to about 51.5 million people every year. A report from the U.S Food and Drug Administration Adverse Event Reporting System (FAERS) shows that errors jumped from 16,689 in 2010 to over 93,930 in 2016.
The number of cases where pharmacy technicians make mistakes might even be higher considering FAERS data comes from a voluntary reporting system. According to the FDA, these mistakes injure up to 1.3 million Americans and cause at least one death daily.
What Are the Most Common Pharmacy Mistakes?
The scariest thing about a doctor or pharmacist making mistakes when filling prescription medications is that errors can often be life-threatening.
Taking the wrong drug can result in overdose, underdose, fatal allergic reactions, or debilitating drug interactions.
So, what kind of mistakes can happen in the pharmacy? The most common mistakes that create eligibility for financial compensation include:
1. Wrong Medication
Some drugs have similar names but entirely different uses. Recent studies show that overworked pharmacists and undertrained assistants often mix up medications with similar names or packaging.
A 10-year research on pharmacy dispensing errors reported that 43.8% of pharmacist liability claims originated from patients who obtained the wrong medication, primarily because of a mix-up with names.
For example, clonidine, a medication for high blood pressure, is often confused with Klonopin, an anti-seizure drug.
2. Wrong Dosage
The study mentioned above also found that 31.5% of pharmacist liability claims come from patients receiving the wrong drug dose. Some recent cases demonstrate the consequences of these mistakes.
In 2016, an 8-year-old boy in Colorado died after taking a newly filled clonidine prescription. Lab analysis showed that the drug was 1,000 times his regular dose, causing sudden death due to an autoimmune response.
The family sued Walgreens pharmaceutical company for negligence and wrongful death and won.
3. Wrong Instructions
We usually rely on the instruction written on the prescription bottles, especially when given a new drug we’ve never taken before.
Wrong instruction on a prescription bottle can be dangerous.
4. Failure to Warn
Some drugs have serious side effects. A pharmacist is responsible for conveying those risks to the patient.
If your pharmacist fails to caution you orally or in writing, you can hold them liable for negligence in case the drug causes you harm.
Can I Sue Over Pharmacy Mistakes?
So, a pharmacy made a mistake when filling your prescription and gave you the wrong dosage or any of the errors above. Can you sue it over pharmacy mistakes?
The answer is yes. You may sue a pharmacy for any injuries ensuing from pharmacy mistakes.
In fact, reporting pharmacy mistakes them for dispensing the wrong drug, wrong dosage, or wrong instruction is the best cause of action.
That’s because suing earns you a fair share of monetary compensation and holds the pharmacy and pharmacist liable for their negligence.
So, suing them can prevent dangerous and potentially fatal accidents from happening in the future.
How Do I Prove Pharmacy Negligence?
Just like doctors or surgeons, pharmacists owe a duty to care for every person who obtains medication. If the duty to care is breached, the pharmacy or pharmacist can be liable for the mistake and can be sued.
And like any other malpractice case, four things must occur for a pharmacy or pharmacist to be negligent. You must show that:
- The pharmacy owed you a professional duty
- The pharmacy breached this duty
- The breach caused you harm or injury
- The injuries caused you damages (medical bills, lost wages, pain, and suffering).
What Lawyer Should I Seek Help From?
If you believe you were a victim of a pharmaceutical error, you should seek the help of a personal injury lawyer.
Typically, personal injury lawyers are knowledgeable about most injury and malpractice cases. That’s why they are the most suited for pharmacy malpractice cases.
An experienced personal injury attorney will conduct a thorough investigation of your claim, which is necessary for a lawsuit to succeed.
The lawyer will determine if your case is strong enough to win and negotiate a fair settlement offer for you.
So, make sure to find a lawyer experienced in personal injury lawsuits, especially medical malpractice.
Contact Our Pharmacy Malpractice Attorneys
If you’re pursuing a pharmacy malpractice case, it is recommended to seek the help of an experienced attorney.
Having a lawyer on your side could mean the difference between being compensated for your injuries and an unsuccessful claim.
At Legal Giant, we have a team of experienced pharmacy malpractice lawyers who can help you build a strong case. Contact us for a free, no-obligation consultation today.
