Pharmacy Malpractice

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Any action by a licensed pharmacy or pharmacist that appears improper should be reported to the board. Examples of misconduct include: • The pharmacist fails to counsel you about how to take a new prescription (or a prescription with changed instructions) and possible side effects.

Yes. You are likely able to file a pharmacy malpractice lawsuit if you have been harmed through a medication error. Talk to an experienced personal injury attorney to discuss your options.

Each state has a pharmacy board that writes pharmacy laws. You can file a complaint with them if a pharmacist is violating the law or not giving you the medication they’re supposed to. An expert pharmacy malpractice lawyer at TorHoerman Law can help you take your next steps in the legal process.

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Defining Pharmacy Malpractice

Pharmacy malpractice is an issue affecting thousands of Americans. Attorneys are investigating cases of pharmacy malpractice to help fight for those who have been injured. On this page, you will learn about the causes and consequences of pharmacy errors and why you may want to call an attorney after being injured.


What is Pharmaceutical Malpractice?

Pharmacists have an important responsibility. It is their job to make sure that people who need prescriptions receive exactly the medicine intended for them. Sometimes, errors happen on the part of the pharmacist. Pharmaceutical malpractice occurs when a pharmacist fails to adequately perform their job, resulting in serious and sometimes fatal injuries. If you or someone you know has suffered injuries from a pharmaceutical error, you may be eligible for compensation through a medication error lawsuit.

Contact an experienced pharmacy malpractice lawyer to discuss your legal options now. At TorHoerman Law, we have a team of experienced medical malpractice lawyers available to discuss your legal options with no obligation and free of charge.


Pharmacy Malpractice Statistics

Pharmacy malpractice happens frequently in the United States. These statistics will give you an idea of how pervasive pharmaceutical malpractice is:

  • Between 1 and 1.5 million Americans are injured from medication errors each year.
  • Close to 50% of Americans take a prescription medication at least once a month. This means that around 1 in 100 prescriptions will cause an injury.
  • Elderly persons and those with limited access to healthcare may be affected by pharmacy malpractice injuries at higher rates.
  • The most common cause of pharmacy malpractice is a distraction, accounting for an estimated 75% of cases.
  • Medication malpractice leads to an additional $3.5 billion in additional medical costs each year.
  • 100% of those injured by pharmacist errors can reach out to a pharmacy malpractice lawyer for help.



Pharmacy Mistakes and Medication Error

Pharmacy mistakes are one of the leading causes of adverse drug reaction deaths. Pharmacists must sometimes work 12-hour shifts or even more just to keep up with the growing number of prescriptions ordered each day. Furthermore, every prescription requires paperwork that some pharmacists have a relatively inexperienced clerk or technician complete.

Another reason that pharmacy mistakes and medication errors take place is the drug names. Some meds sound a lot like others (alprazolam and lorazepam, chlorpropamide, and chlorpromazine) which makes mixups easy. Fatigue, lack of training, and highly technical information are all reasons that pharmacy mistakes are so abundant.


A Pharmacist’s Duty of Care

In law, the duty of care is the idea that a person must adhere to a certain standard of care when performing an act that could potentially harm another person. Failure to do this is known as a breach of duty of care. Given the power a pharmacist has over their customers’ health, pharmacists have a significant duty of care in their position.

A person filling a prescription has a reasonable expectation that their pharmacist will adequately perform their job. However, this is not always the case. Pharmacy mistakes such as providing an incorrect dosage failing to consult about warnings are all a breach of duty of care. Even a mild error is capable of causing serious injuries in some patients. If you’ve been injured due to a breach of duty of care, call a pharmacy malpractice lawyer soon.


Common Types of Pharmacy Mistakes

There are many types of pharmacy mistakes that can happen when filling a prescription. Here are some of the possible pharmaceutical errors you can encounter:

Medicine mislabeling happens a few different ways. First, information could be missing. Every prescription should provide things like the intended dosage, warnings, medicine interactions, and side effects. This is usually included in a small pamphlet that comes with the prescription but is sometimes left out. Second, the doctor could send inaccurate labels to the pharmacy which go uncorrected by the pharmacy workers. Even a minor typo could alter the dosage of a prescription and lead to a pharmacy injury. It is also possible for this type of error to happen on the part of the pharmacy, not the doctor. Any error that involves inaccurate or missing information about a prescription is considered mislabeling.

Being given the wrong drug is pretty straightforward: a patient expects drug A but receives drug B. This typically results from confusing similar drug names or mixing up patient names. In some cases, a patient will notice that the drug is not what they expected, but other times they won’t. Receiving the wrong medication may be the worst pharmacy error. For example, cases where children mistakenly receive adult dosages of the wrong medication have led to permanent brain damage. In May of 2020, an Oregon woman was given the wrong prescription and suffered internal bleeding as a consequence. If you or someone you know has received the wrong medication from a pharmacy, contact a pharmacy malpractice lawyer to discuss your options.

Failure to warn is when a patient is not given information about the potential effects of their medication. Some medications have serious or even fatal side effects in certain situations, and it is the responsibility of the pharmacist to convey those risks. If your pharmacist failed to warn you either verbally or in writing, you may be entitled to compensation for your injuries.

Pharmaceutical Malpractice and Medication Error Injuries

Medication mishaps have been documented as causing the following medication error injuries:

  • Loss of vision
  • Heart attack
  • Birth defects
  • Overdose
  • Seizures
  • Internal bleeding
  • Falling into a coma
  • Brain damage
  • Allergic reaction
  • Organ damage and organ failure
  • Allergic reaction
  • Death


Allergic Reactions

Some patients have allergies to specific medications. A patient’s known allergies are generally documented in their pharmacist’s system, but pharmacy errors occasionally lead to the patient receiving the medication anyway. Having an allergic reaction to a medication can be fatal. The most common allergic reaction symptoms to medication errors are rash, hives, swelling, itching, and difficulty breathing. Call a doctor as soon as you start to experience symptoms from taking a medication.


Medicine Interactions

Medicine interaction is another known pharmacy injury. Certain medicines are dangerous when taken together. Some examples are Warfarin with antibiotics and thyroid hormones with proton pump inhibitors. Symptoms of medicine interactions are similar to those of an allergic reaction along with dizziness, diarrhea, constipation, nausea, and vomiting. It is your pharmacist’s responsibility to make sure you are not being prescribed medications that are not compatible with one another. Failure to prevent medicine interactions is considered pharmacy malpractice.


Medical Complications

Pharmacy error injuries can easily lead to a wide range of medical complications. Complications are unwanted effects of an existing disease. In general, diseases and injuries compromise a person’s health for developing further illnesses. Some complications are quickly signaled by noticeable side effects while others are not evident for months or even years. It is best to prevent medical complications by making sure you are taking proper care of existing injuries and that your prescriptions are up to date.


Do I qualify to File a Medication Error Lawsuit?

If you’ve suffered injuries as a result of a pharmacy error, you may be entitled to financial compensation. Attorneys are investigating instances of pharmaceutical errors that ended harming the patient. To find out if you qualify for a medical error lawsuit, contact a lawyer quickly. It is also important that you hold onto any potential evidence such as labels, dates, pharmacy information, and medical bills.


Pharmacy Malpractice Settlements

Pharmacy negligence claims are mounting. Your potential settlement could be significant depending on your damages. Medication error settlements range from several thousand dollars all the way up to tens of millions. The only way to reach a settlement for your injuries is to call a lawyer who can assess your options and potentially build a case. An expert lawyer will make the process manageable and worth your time. Take action soon to ensure your pharmacy malpractice settlement.


Filing a Medication Error Lawsuit

If you or a loved one has suffered losses resulting from pharmaceutical error, you may be entitled to compensation for your losses through a medication error lawsuit or pharmacy malpractice lawsuit.

Before filing a medication error lawsuit, you should mitigate your injuries – this process includes discontinuing any incorrect medication you have been receiving (as long as it is safe to do so), seeking proper medical treatment from a doctor, and following your doctor’s instructions.

Then, you can begin to familiarize yourself with the process of a civil lawsuit, so that you know what to expect of your medication error lawsuit.

Hiring a personal injury lawyer to act as your pharmacy malpractice lawyer is the next step in the process. Find a lawyer that is experienced in personal injury lawsuits, especially medical malpractice.

Your pharmacy malpractice lawyer will help you to gather evidence to show that you suffered injuries or losses as a result of the pharmacist’s mistake.

Based on the results of those injuries and losses, your pharmacy malpractice lawyer will be able to determine your damages – in some medication error lawsuits, the injured party will demand compensation in the form of both punitive damages and compensatory damages.

The pharmacy or pharmacist at fault will likely hold liability for your injuries, although in some cases there can be other named defendants.

Your pharmacy malpractice lawyer will try to gain you compensation in the form of a settlement or a verdict.



Hiring a Pharmacy Malpractice Lawyer

If you or a loved one has suffered an injury resulting from a pharmacy error, contact a pharmacy malpractice lawyer to discuss your legal options.

Your state statute of limitations bars the time allotted to file a medication error lawsuit or pharmacy malpractice lawsuit after the incident has occurred, so do not hesitate to make the initial step of reaching out to a pharmacy malpractice lawyer soon.



TorHoerman Law - Your Pharmacy Malpractice Law Firm

At TorHoerman Law, we have a team of experienced pharmacy malpractice lawyers available to discuss your potential case, no-obligation and free of charge

TorHoerman Law operates on a contingency fee basis for all pharmacy malpractice clients, so our clients don’t pay unless they win compensation first.

Contact us at TorHoerman Law, your pharmacy malpractice law firm.


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