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Pharmacy Negligence Claims

Pharmacy Negligence Claims

Few people normally worry about what they get from a pharmacy when they need medication. They hand over a prescription in the full expectation that they are going to get what their doctor prescribed. All they need to do is follow the instructions and hope that the pills, or whatever they have obtained, make them feel better.

Most of the time that’s exactly what happens. Negligence in a pharmacy is not common, but unfortunately when mistakes happen they can be very serious. Wrong prescriptions, mistakes in the dosage and contaminated products can cause severe illness. Pharmacy negligence can lead to a personal injury claim against the pharmacy, one of the staff working in the pharmacy, or even the doctor who prescribed the wrong medication.

If you, or a loved one, become seriously ill as a result of a medication error or pharmacy negligence, you should contact the Diaz Law Firm in Jackson to discuss the possibility of claiming compensation.

Examples of pharmacy negligence

Pharmacy negligence by its own definition implies that someone in a pharmacy has made a mistake that could have been avoided if more care had been taken. Pharmacies are required by both state and federal legislation as well as their own professional code of conduct to provide a high level of proficiency. When this level of proficiency is not achieved then someone could suffer and the pharmacy would then be liable for that harm caused. Typical cases of pharmacy negligence include:

  • wrong drugs provided i.e. the drugs or medication prescribed by the doctor were not the same as the ones provided by the pharmacist.
  • drugs are contaminated or
  • wrong dosages are given
  • wrong prescription was given originally by the doctor – doctor negligence not the pharmacy
  • not giving warnings about potentially unsafe drug combinations
  • not taking into account allergic reactions.

Making a claim against a pharmacy

No claim against a pharmacy will succeed unless it can be proved that negligence has occurred and that the negligence caused an injury or illness. It may have been that the pharmacy employed a technician or pharmacy assistant with insufficient training or did not thoroughly check the person’s prior experience or qualifications to do the job. Another possibility is that the pharmacy management did not ensure that staff were supervised sufficiently. There are other reasons for pharmacy errors. Often, the error that caused the injury or illness has to be carefully traced by an expert provided by a knowledgeable attorney.

It is important that all containers and intact labels are kept by the person who has experienced side effects or strange or harmful symptoms after taking the drugs or medication provided by the pharmacy. The labels and remaining contents inside these containers, as well as the diagnosis of any symptoms by your doctor, will be valuable evidence if a personal injury claim is initiated. If anyone accompanied you to the pharmacy when you went with your prescription, then their witness statements can also be useful evidence that can help support a claim.

Apart from this action, it is of course essential that the affected patient makes every effort to get treatment or at least attention by a doctor if they experience any ill effects after taking the medication or drugs obtained at the pharmacy.

It would be hard taking on a pharmacy if you believe that you have suffered from their negligent actions. You will need the legal advice and help from an experienced medication error attorney. You can call the Diaz Law Firm in Jackson, Mississippi for a free consultation at 601-607-3456.