When you think of medical malpractice, often it is easy to assume it only relates to doctors and nurses. Unfortunately, medical malpractice extends to errors made by a pharmacy as a result of negligence. Pharmacy errors that results from negligence are the subject of certain lawsuits between the patient that needs medication or medical treatment and the doctor or pharmacist technician. Such lawsuits revolve around the elements of negligence and how the facility fails to follow the duty of care owed to the client. This article will discuss when you can make a claim based on pharmacy error.
A pharmacist has a duty of care to the person seeking to purchase or acquire medication. The breach of the duty of care or negligence can lead to a valid claim against these professionals. Most errors made at the pharmacy can result in serious injury to the person in a number of different ways. Wrong medication can either do nothing or cause internal damage by activating different aspects of the body when the person does not need this to happen. Other errors that can occur can cause vastly different dosages and the wrong medicine to be given. With these interactions in the body the pharmacist could cause severe injury.
There are four factors of a negligence claim that connect to the injury that the pharmacist can commit which leads to a valid claim. These factors are:
- Duty of care owed to the person
- A breach of the duty of care
- The injury
- Causation that connects the injury and the damages incurred
The lawyer hired by the plaintiff must prove all four elements exist in order to pursue a valid claim against the pharmacy. The legal professional will gather evidence and support the client through presenting a valid claim against the pharmacist in the courts or through settlement negotiations.
In most cases it is only possible to sue a pharmacy or doctor when there are breaches in the duty of care, negligence claims due to errors and a connected injury. The person that is seeking medication will usually suffer harm because of the error. Such errors usually must cause significant injury in order for the person to need to sue the pharmacy for compensation. Compensation is sought in order to recover from the incident with medical treatment, loss of income and work and other damages that add up over time and require repayment. When these factors are in place then there is a valid claim to be sought. Minor injuries or near misses are not valid claims.
It is important for pharmacists to follow safety guidelines when taking and filing prescriptions for patients. It does not matter where the pharmacy is or where the pharmacist works. It is necessary that employees already have proper skills and the necessary training to ensure the prescriptions are accurate to the dosage and the right medication. There are incidences when the pharmacist may contact the doctor to make sure that the medication or dosages are correct.
Pharmacy negligence that can lead to a valid medical malpractice lawsuit includes that of wrong medication received or incorrect dosage.
For legal advice and representation in pharmacy errors medical malpractice lawsuit contact the best attorneys in Wasilla.