4 Ways to Collect Damages for Pharmacy Medical Malpractice

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Many people are under the mistaken impression that medical malpractice claims can only be brought against negligent doctors, but pharmacy medical negligence is another way for patients to be harmed. Pharmacy medical malpractice can cause permanent injury, even death.

Discussing medical malpractice caseMost pharmacies are very busy places and the work requires very careful attention to detail. Without excusing mistakes, it’s not surprising that about 10% of all prescriptions are erroneous in some way. Pharmacists make dosage mistakes, fill prescriptions with the wrong medicine, give someone’s medication to a different patient, fail to consider drug interactions or the patient’s known allergy (a common one being penicillin, for example), among other frequent errors.

When drug errors and omissions cause harm by injuring a patient or worsening a patient’s condition, then a damage award against the pharmacist for faulty medication is possible (just ask an experienced medical malpractice attorney!).

If you believe that an elderly parent, a young child, or some other member of your family received improper or defective medication and was sickened as a result, know that compensation in the form of damages is available in many circumstances.

Why Damages with Pharmacy Medical Negligence?

Here are four ways to collect damages from the pharmacist and pharmacy responsible for some form of prescription drug malpractice:

1. Emotional Pain and Suffering Damages. The consequences of a bad prescription can result in emotional trauma beyond the physical harm. Such pain and suffering may be long-lasting. In some medical negligence cases, the emotional trauma is so severe it permanently diminishes the patient’s quality of life.

2. Lost Income Damages. A faulty prescription can make the patient very ill and unable to work for an extended period. With severe injuries, the patient may be permanently disabled, unable to support himself or herself let alone a family. In either instance, damages for lost income is appropriate for financial recovery.

3. Medical Treatment Damages. A pharmaceutical error could result in the patient needing immediate medical attention, emergency room care, even surgery. Compensation is possible for medical expenses that are the direct consequence of the pharmacy’s medical negligence.

4. Punitive Damages. When the pharmacy or pharmacist should be punished because of the egregiousness of the malpractice (for example, the pharmacist knew the drug scale was out of calibration but was too cheap to pay for its proper adjustment), punitive damages may be possible to send a clear message that such behavior is unacceptable.

Although there’s always the potential for trial, most pharmacy medical negligence cases reach full settlement. Has someone you care about been harmed because of drug error or defective medication? Contact a medical malpractice attorney in your community for representation and specific legal advice. The sooner the better.

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June 24, 2013 |

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