If you have ever been to a hospital, there’s a good chance that you walked out with a prescription for one or more medications. Filling the prescription is easy enough, as the city of Fresno has many pharmacies to choose from, whether you go into a major retailer such as Kroger, Target, or Costco, or a small family-owned business.
Pharmacies have come a long way in how they service the public, and many people walk out with their order in as little as 15 minutes. This is convenient for you as the customer, but what if the pharmacist makes a mistake, and there is an error that causes harm to you or a loved one?
Sadly, cases of medication error can happen in any pharmacy, and those who are affected may be severely injured, or even killed from negligence by those who have a duty of care to protect the public. If you are victim of pharmacist malpractice, reach out to a Fresno medication error attorney as soon as possible. We can talk to you about the possibility of suing the pharmacy and recovering the damages you deserve by law.
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What Does it Mean When There is a Medication Error?
Medication errors refer to any errors, misleading information, or failure to disclose information that can lead to harm and suffering. When we talk about pharmacy malpractice, medication errors can include a variety of negligence, such as:
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Giving one patient medication that is prescribed for another patient
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Failure to indicate allergic reactions, side effects, and other essential information
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Incorrect dosage information
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Giving you the wrong medication (for a different health issue)
Incidents of medication errors can happen for a number of reasons, but they generally involve careless or reckless conduct by pharmacy staff. The pharmacy may be responsible as well if they have lax hiring practices or fail to hold negligent staff members accountable. Circumstances that result in mistakes with medication orders at a pharmacy include:
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Pharmacy employees are fatigued from overworking.
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Staff members are not provided with sufficient training and experience.
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Supervision is lacking or inadequate
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Pharmacy staff neglect their duty to communicate with healthcare providers when there is confusion over a prescription.
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Employees are overly dependent on automated systems, which can make mistakes.
In most cases, the patient is unaware of the error until they start to have serious health symptoms. For example, they may start to have chronic nausea, dizziness, fainting, and other side effects of taking the wrong medication. At that point, your health may be seriously compromised, and this is why some people lose their lives if there is an error with their medication that could have been prevented.
Negligence by Pharmacies in Fresno
In order to file a claim for compensation, you must prove that actions by the pharmacy meet the standard of negligence and/or misconduct. Negligence is a legal concept that is proven by four elements: duty, breach of duty, causation, and harm.
Pharmacists have a duty to the patient to fill a prescription with skill and accuracy. This includes taking all the required steps to ensure that the order is filled correctly. If they make a mistake due to a failure to exercise reasonable care, they have breached their duty to the patient, which is an act of negligence. You may also have cases where the pharmacist deliberately gives patients the wrong medication with the intent to cause harm, but this is quite rare compared to medication errors based on carelessness and poor judgment.
No matter the cause, a pharmacist’s breach of duty can be used as grounds for a medical malpractice lawsuit. For more information about filing a lawsuit, give us a call and speak to a law firm that specializes in medication errors causing injuries or death.
Compensation from a Pharmacy Malpractice Lawsuit
If you qualify for compensatory damages from a pharmacy, it’s essential to figure out the payments that can be recovered. This is a subject you will need to discuss with a medical malpractice attorney, but possible categories of damages include:
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Medical expenses, either for the patient or the family members of a deceased victim
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Lost wages or loss of expected savings / benefits
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Pain and suffering
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Emotional distress
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Funeral expenses
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Loss of consortium
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Punitive damage
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Legal fees
What is the Average Value for a Pharmacy Medication Error Lawsuit?
The amount you can obtain from a pharmacy negligence lawsuit can vary from just a few thousand dollars to over one million dollars. Settlement values are primarily based on the injuries you suffered and how they affect your life. But there are many other factors that are relevant to figuring out how much compensation you are owed, like the jurisdiction where the error took place and if the defendant’s actions constitute gross negligence.
Pharmacy medication error lawsuits involving relatively minor injuries can settle in the range of $10,000 to $50,000. If you have moderate injuries that were caused by malpractice at a pharmacy, settlements may be in the range of $50,000 to $200,000. For medication error victims with severe, disabling injuries, a malpractice claim may be worth between $250,000 and $500,000. In there are fatal complications because of the pharmacist’s actions, the surviving family members can obtain payments of $1,000,000 and above.
Statute of Limitations – How Long Do I have to File a Lawsuit?
Victims of pharmacy negligence need to be aware of the deadline to file a lawsuit. If you fail to file a claim within the statute of limitations for medical malpractice, you will lose the right to go ahead with a compensation claim. Prescription drug errors have either of the following time limits to file a lawsuit:
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One year from the date of injury / infliction of harm
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3 years from whenever the victim learns of an adverse health condition resulting from pharmacy negligence.
Don’t worry if you are unsure about the deadline that applies to your situation. We can help you figure this out during a free, private case review.
Contact Normandie Law Firm
Have you thought about the possibility of filing a medication error lawsuit? Were you or your family affected by prescription errors and other kinds of pharmacy malpractice? You may have the right to hold the pharmacy liable for bodily harm and losses to your finances. To ensure a successful outcome, make sure to contact a lawyer with experience in medication error injuries and fatalities.
With the Zero Fee Guarantee here at Normandie, you never have to worry about the cost of legal fees. If you suffered harm because of medication errors by a pharmacy, we will take your case on a contingency fee basis. That means you pay $0 out of pocket, and we will wait until the recovery of your settlement to deduct our fees. That’s why we can promise that your finances will never be affected if we fail to obtain compensation for you and your loved ones.
Please don’t delay in contacting our office, where you can learn about your rights and legal options.
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