Receiving a dosage that is higher than prescribed can have tragic consequences. That was the unfortunate reality for a mother who claims her 6-year-old daughter died after receiving a dose 10 times higher than required to treat her medical condition, sickle cell anemia. She told her story on Fox and Friends.
Instead of the 15 mg dosage she was to receive, the pharmacy gave a 150 mg dosage. The mother claims that the next morning she attempted to wake her daughter up, with no response. And because the pharmacy refuses to settle out-of-court, the mother has filed a lawsuit.
Important Considerations before Filing a Pharmacy-Related Malpractice Claim
Before deciding to file a malpractice claim, there are some important things to consider. First, consider the duty of care owed. In other words, reasonable care is expected when providing services to a patient — whether it was dispensing medication, applying a label or including instructions.
Keep in mind this may include not only the clinic itself — which could be a chain, one located inside a hospital or another type of medical facility – but it also could include the individual person responsible, such as a pharmacist.
The second consideration is if a party breached the duty of care in some manner. Intent doesn’t have to be a factor. Even an accidental action could be considered a breach. Using the aforementioned situation, dispensing the wrong dosage would be an example of a breach of duty.
A third consideration is whether or not the negligent actions can be connected directly to the resulting injuries. If someone becomes sick or dies as a result of an illness, that wouldn’t warrant seeking legal action. But if a claimant can show that a mistake caused a loved one’s death, then it may warrant legal action.
Finally, damages must be present and related to the negligent action. As in this tragic story, the loss of life is clearly one example. But even those who survive pharmacy errors can suffer financial, emotional and physical consequences. Talk to an attorney at Gacovino, Lake & Associates for help with your case.
