While pharmacies are a critical component in healthcare, pharmacy errors can be more than just inconvenient; they can lead to devastating consequences. Such consequences can include the need for medical intervention and prolonged recovery. In some instances, pharmacy mistakes can result in death. Patients trust that pharmacies will properly dispense medications; however, far too often, pharmacies provide incorrect dosages, provide the wrong prescriptions, and fail to notice the potential for dangerous drug interactions. Patients trust their lives to pharmacies and never realize how often such mistakes occur until a mistake impacts them or a loved one.

When you have experienced patient harm due to a pharmacy error, it’s important to understand your legal rights and the ability to seek compensation for the harm you suffered. Pharmacy errors are actually a type of medical malpractice, which occurs when a professional does not meet the required standard of care. It is the responsibility of a pharmacist to dispense medication correctly to each patient. When a pharmacist fails to meet this responsibility, it can result in serious patient harm, including death. While not all cases involving pharmacy mistakes are considered malpractice, if you or a loved one has experienced harm as the result of a pharmacy error, it is important that you seek advice from an experienced medical malpractice lawyer like those at Thomas Law Offices. An experienced attorney can assist in proving that the pharmacy owed you a duty of care, breached that duty, and that the breach of duty was a direct cause of the harm that you suffered.

Proving the Pharmacy Owed a Duty of Care

Due to the serious nature of their job and the specialized knowledge a pharmacist must possess, pharmacists have a legal obligation to ensure their customers are protected from foreseeable danger and harm. When a pharmacist deviates from the standard protocols that are put in place to protect patients, it is considered a breach of the duty they owed to their patients. This breach of duty serves as the foundation for building any medical malpractice case in the event of a pharmacy error.

Most Common Types of Pharmacy Errors

One of the most common types of pharmacy mistakes is failing to warn about side effects. Pharmacists are required to warn patients about any potential side effects that may be associated with prescribed medications. This includes any warnings that could impact an individual’s ability to work or drive safely. Failing to provide this critical information can place an individual and potentially others in danger.

Dispensing the wrong medication entirely is another common mistake. When a pharmacist mixes up medications due to carelessness or by not paying close enough attention to similar drug names, it can result in adverse effects, particularly when certain medications interact with other medications.

In some cases, the pharmacist provided the correct medication but filled the prescription with an incorrect dosage. Regardless of whether the dosage strength was too low or too high, incorrect dosages can cause serious consequences, including organ failure.

Pharmacists are also required to check the patient’s medical profile to ensure there are no known negative conflicts with other medications the patient may be currently taking. Combinations of certain medications can also have serious implications and can even be deadly. Additionally, pharmacists should always screen patients for any known allergies. Failure to do so can result in severe reactions, including anaphylactic shock.

It is also the responsibility of the pharmacy staff to ensure that the medication is labeled correctly. Failure to appropriately label medication with the correct instructions can lead to medication being taken improperly and can potentially result in an overdose.

Establishing Pharmacy Liability

While pharmacists have a duty of care toward patients, they are also responsible for supervising pharmacy technicians who are often responsible for handling the manual tasks associated with filling prescriptions. Before a prescription is provided to a patient, however, the pharmacist is still responsible for performing a final check to ensure there are no mistakes. When a mistake is made, even if it is determined that it is a pharmacy technician who made the mistake, the pharmacy as well as the pharmacist still have a legal liability.

Proving Proof of Patient Harm

It is the job of a medical malpractice lawyer to prove that a pharmacy mistake resulted in patient harm. A pharmacy mistake alone does not necessarily constitute medical malpractice. The patient must demonstrate that the pharmacy error either caused their condition to worsen or led to an injury. In cases where a mistake was made, such as incorrect dosage or the wrong medication was given, if the patient caught the mistake before taking the medication, there is typically no legal claim for patient harm. Expert testimony and medical records can often prove to be invaluable in both proving that a mistake was made and establishing patient harm.

Common Causes of Pharmacy Errors

A variety of factors frequently contribute to the high rate of mistakes made in pharmacies. It is not uncommon for pharmacies to be understaffed, which often results in staff working faster than they should. This can result in carelessness and mistakes. The long hours worked in a pharmacy without sufficient breaks can cause both pharmacists and pharmacy technicians to make mistakes.

Many drugs look similar and have similar names. When staff are tired and rushed, they may be more likely to become confused and mix up medications. Additionally, physicians have a reputation for illegible handwriting that can cause handwritten prescriptions to be misinterpreted.

Steps to Take in the Case of a Pharmacy Error

In the event you or a loved one is a victim of a pharmacy mistake, it’s important to retain the medication bottle as well as receipts. If the medication was ingested, seek medical attention immediately. In the event you suffered any harm, document your symptoms. An experienced medical malpractice attorney can assist you in filing a complaint and possibly making a claim. Filing a claim may award you with compensation that can be used towards medical costs, recovery costs, and more.