Thousands of prescriptions are filled through pharmacies nationwide every hour, and mistakes occur when strict policies are not followed. A pharmacy error malpractice claim refers to a legal action taken by a patient against a pharmacy or pharmacist due to an error in dispensing medication that resulted in harm or injury to the patient. When the wrong drug or dosage is given, resulting in injury or death to a patient, it can be grounds for a medical malpractice lawsuit. If you need a pharmacy error injury lawyer, contact our team at Ligori & Ligori, Injury Lawyers in Orlando, FL.
Types of Pharmacy Errors
Pharmacy mistakes can occur at various stages of the medication dispensing process, often as a result of human error, system failures, or miscommunication. Some common types of pharmacy mistakes encompass a range of errors that can compromise patient safety and well-being:
- Dispensing the wrong medication: This occurs when the pharmacy provides the patient with a medication different from what was prescribed by the healthcare provider. Such errors can result from confusion between similar-sounding medication names or inadequate verification processes.
- Dispensing the wrong dosage: Mistakes in dosage can lead to underdosing, which may fail to address the patient’s medical condition, or overdosing, which can result in adverse reactions, toxicity, or other serious health complications.
- Incorrect medication instructions: Patients rely on clear and accurate instructions for taking their medications. Errors in providing proper administration guidelines can lead to misunderstandings, improper usage, and ineffective treatment outcomes.
- Failure to identify drug interactions: Pharmacists play a crucial role in screening for potential drug interactions that could jeopardize patient safety. Neglecting to identify interactions between prescribed medications or between medications and a patient’s existing medical conditions can have harmful consequences.
- Incorrect labeling or packaging: Poorly labeled or packaged medications can lead to confusion about dosage, administration instructions, expiration dates, and other critical information, increasing the risk of medication errors and patient harm.
- Medication allergy or sensitivity errors: Pharmacists must accurately assess patients’ allergies and sensitivities to medications to prevent adverse reactions. Errors in documenting or verifying allergy information can result in prescribing medications that trigger allergic reactions or other serious adverse effects.
- Documentation errors: Accurate documentation is essential for maintaining patient records and ensuring continuity of care. Errors in documenting medication orders, dispensing details, or patient information can compromise the quality and safety of medication management processes.
- Compounding errors: Compounding pharmacies prepare customized medications tailored to individual patient needs. Mistakes in compounding procedures, such as inaccurate measurements or contamination, can lead to medication errors and pose significant risks to patient health.
If a patient believes they have been harmed due to a pharmacy error in Orlando, FL, consulting with a medical malpractice attorney specializing in pharmacy error cases is recommended. An experienced attorney can help evaluate the circumstances surrounding the error, navigate the complexities of medical malpractice law, and advocate for the patient’s rights to seek compensation for damages, including medical expenses, lost wages, pain and suffering, and other related losses.
How Do You Establish a Pharmacy Error Claim?
Pharmacy errors can occur in many ways, such as dispensing the wrong medication, incorrect dosage, incorrect instructions, or failing to recognize and address potential drug interactions or allergies.
The following elements generally need to be demonstrated to establish a pharmacy error malpractice claim:
- Duty of care: It must be established that a pharmacist-patient relationship existed, and the pharmacist had a duty to provide care in accordance with the accepted standards of pharmacy practice.
- Breach of duty: It must be shown that the pharmacist or pharmacy breached their duty of care by failing to meet the required standard of care. This may involve proving that an error occurred in dispensing medication, such as filling the prescription with the wrong medication or incorrect dosage.
- Causation: It must be demonstrated that the pharmacy error directly caused or significantly contributed to the patient’s harm or injury. This involves establishing a clear link between the error and the resulting harm suffered by the patient.
- Damages: The patient must show that they suffered harm, injury or damages due to the pharmacy error. This can include physical injuries, medical expenses, pain and suffering, loss of income or other measurable damages.
Pharmacy malpractice claims can be complex, requiring testimony and evidence to establish the standard of care, the breach of that standard, and the causal relationship between the error and the harm suffered. If you believe you have been harmed due to a pharmacy error in Orlando, it is essential to consult with a medical malpractice attorney who specializes in pharmacy error cases. At Ligori & Ligori, Injury Lawyers, we can assess your circumstances, review the evidence and guide you through the legal process to pursue a pharmacy error malpractice claim and seek appropriate compensation for the damages you’ve suffered. Contact our Orlando office today to schedule an appointment.
