Yes, pharmacists can be held liable for medical malpractice if it can be proven that your injuries were caused by their negligence. A medical malpractice attorney can evaluate your case to determine if you were the victim of a pharmacist’s mistake and if you are entitled to receive compensation.
Proving the Negligence of a Pharmacist
To prove negligence of a pharmacist, you will need to demonstrate that:
- the pharmacist owed you a duty of care;
- the pharmacist breached their duty of care to you;
- as a result of the breach of duty, you sustained injuries; and
- you suffered losses as a result.
A duty of care means that the pharmacist should safely and correctly dispense your prescription medication. When a pharmacist’s mistake results in you taking the wrong medication, they’ve breached their duty of care. It is crucial to know that if there are no injuries as a result of this mix-up, you cannot pursue a medical malpractice claim.
On the other hand, if you were given the wrong medication and it caused you to suffer liver damage, which required additional medical care, you may be able to file a medical malpractice claim. This is just one example of a pharmacy error.
Some of the following pharmacist mistakes may result in a medical malpractice claim, including:
- prescribing the wrong dosage;
- giving incorrect instructions;
- given patients prescriptions meant for other customers;
- giving incorrect prescriptions (when drug names sound similar); and
- failing to verify the prescription (when the doctor’s writing is unclear).
If you have suffered injuries because of a pharmacist’s mistake, you may be entitled to recover damages for your pain and suffering, emotional distress, medical expenses, lost income and other related losses.
A medical malpractice attorney can evaluate your case to determine if the negligence of a pharmacist led to your injuries.
Contacting a medical malpractice Attorney
When you have sustained a serious injury or lost a loved because of the negligence of a pharmacist you are entitled to seek compensation for your damages and suffering. Consulting with a medical malpractice attorney can help you better understand your rights, determine liability for your injuries and decide if filing a medical malpractice claim is right for you.
At Gacovino Lake & Associates we have formed a dedicated network of medical malpractice attorneys that serve clients nationwide. Our New York office serves residents of the 5 boroughs with their auto accident, medical malpractice, defective drug, premises liability and Workers’ Compensation claims. For experienced help with your medical malpractice claim, contact us today – 1-800-246-4878.
