• Jun
    Posted in:
    Posted by: Jarve Kaplan Granato Starr

    Can a Pharmacy be Sued for Malpractice?

    Depending upon your age, you may remember the days when pharmacies were mom-and-pop-type neighborhood stores. The pharmacist was also the store’s owner, and chances are that if you’d been in more than a couple of times, they knew you by name. They may even have dropped off prescriptions to you when you were too sick to come in yourself.

    Today things are different. Pharmacies are big businesses where staff pharmacists are judged by the speed with which they dispense medications rather than on the quality of their relationships with their patients. This profit-driven model has driven a rise in mistakes being made, and some of them have led to serious injury to patients, and sometimes even to deaths. When a pharmacist or a pharmacy’s staff makes a critical mistake that causes harm, those mistakes need to be evaluated to determine whether pharmacy malpractice has taken place.

    Pharmacy malpractice is where a pharmacist or pharmacy staff fail to uphold their legal duty of care and have acted with negligence that leads to a patient suffering damage. Though many people think that all pharmacists do is read a physician’s description and then dispense the medication as prescribed, there is far more to the job and their level of expertise. Pharmacists are expected to review a patient’s file and evaluate whether a prescribed medication is contra-indicated by other medications that the patient may be taking or a pre-existing allergy. They are also expected to be familiar with medication dosages and strengths so that they can catch a mistake that a physician has made.

    When a pharmacist identifies these types of errors, they are expected to either notify the patient that there is a problem or else reach out directly to the physician to inform them of the issue. The pharmacy itself is also expected to be meticulous in its labeling of medications that they dispense so that patients are aware of how they are to take a drug, what they should and should not do while taking the drug, and that the correct drug is given to the correct patient. Failures to do any of these things are indications of pharmacy malpractice and can be pursued in a personal injury lawsuit by anybody who has been injured as a result.

    If you or someone you love has suffered as a result of a pharmacy’s mistake and you need information about your rights or legal representation contact us today to set up a free consultation.

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