After you leave the doctor’s office, you are likely to head over to a pharmacy to fill one or more prescriptions. In Palmdale and Lancaster, there are many pharmacies to choose from, like Walgreens, CVS, Target, Sam’s Club, Kroger, Walmart, and Costco. While waiting for your order, you probably are not thinking about what can happen if you are given the wrong medication.
Most people never worry about this, considering that pharmacists are specially trained to do their job in a professional and efficient manner. In reality, it’s very easy to make mistakes when filling a prescription, and the results can be deadly for the unsuspecting patient. Alternatively, the victim may end up with severe health complications or suffer needlessly because the medication is ineffective for what is ailing them.
If you or someone in your family was injured due to a pharmacy medication error, contact Normandie Law Firm right away. You may have grounds for a medical malpractice lawsuit, which will provide you with compensation from the negligent party. Our legal team is with you every step of the way, from investigating your claim to negotiating the highest possible settlement.
Our Recent Verdicts and Settlements
Negligence Leading to Medication Errors by Pharmacists
Mistakes in filling a prescription can cause irreversible damage to your health, including death. Most incidents of medication errors are preventable, but it goes without saying that no one is perfect. And yes, it’s possible for medical providers to make mistakes, even when they take all the necessary precautions. What matters is whether the pharmacist breached a duty of care and conduct, meaning the level of negligence was beyond what’s acceptable for someone in their position.
Careless or reckless actions by a pharmacist can happen in any type of pharmacy, whether it’s part of a major retailer like Costco and Walmart, or a small mom and pop establishment in your neighborhood. In order to sue a pharmacy for medication errors, here are the basic elements you’ll need to establish:
-
The pharmacy owed you a duty of care as one of their customers.
-
The pharmacist breached their duty of care to you.
-
The breach in duty was a result of negligence or willful misconduct.
-
You suffered bodily harm because of the pharmacist’s failure to exercise reasonable care.
-
The harm you suffered entitledsyou to monetary damages from the pharmacist / pharmacy.
Unfortunately, many of these businesses are understaffed, or run by people who are underqualified, poorly trained, or overworked and tired. Inadequate supervision is another problem, like ensuring that pharmacy assistants are observed by the head technician. This is why things fall through the cracks, like contacting the doctor if there is any question or concern about a particular prescription. Mix ups in medication orders and patient information can also happen when pharmacists struggle to keep up with orders or work through stretches of fatigue.
The impact on the customer may be severe enough to cause disability and other severe health issues. Below are examples of symptoms you may experience if there is a medication error at a pharmacy:
-
Nausea
-
Vomiting
-
Headaches / dizziness
-
Fatigue
-
Loss of consciousness
-
Diarrhea
-
Hives, anaphylaxis, and other allergic reactions
The symptoms may not be apparent right away, and this only increases the chance of serious harm to the patient. Based on the type and degree of injury, your life may be permanently compromised from taking a medication that was prescribed to you in error. Possible complications include liver failure and damage to your kidneys.
Laws that Pertain to Negligence at a Pharmacy
The high potential for mistakes at a pharmacy necessitates laws that protect patients, which exist at the federal and state levels. Legal statues regarding prescriptions include the California Code of Regulations Title 16 Article 2, Statute 4076, and Senate Bill 493.
Statute 4076 is a critical piece of legislation regarding liability by a pharmacy. This law imposes many requirements on pharmacists, including the information that goes on a medication label (patient’s name, issue and expiration date of the prescription, strength or dosage, etc.).
If you suspect that mislabeling and other errors by a pharmacy caused you bodily harm, reach out to us at your earliest opportunity. You may have the option of suing the pharmacy for prescription drug error, which we can discuss with you during a free case evaluation.
Monetary Damages from a Pharmacy Negligence Lawsuit
Lawsuits for malpractice by a pharmacy compensate victims and their families for the monetary losses associated with injuries to themselves of the death of a loved one. Those who qualify for a lawsuit may receive a variety of economic and non-economic damages, such as:
-
Current and future medical expenses
-
Lost income, like wages and job benefits
-
Pain and suffering
-
Emotional distress
-
Attorney’s fees
-
Punitive damages
If you lost your spouse or family member to medication error by a pharmacy in Palmdale or Lancaster, we can help you obtain some or all of the following:
-
Funeral expenses
-
Loss of expected income / benefits
-
Medical expenses related to the decedent’s care up until they passed away
-
Pain and suffering
-
Loss of consortium
-
Cost of hiring a wrongful death attorney
Settlement Value for a Pharmacy Medication Error Lawsuit
How much you can receive from a medication error lawsuit can range from a few thousand dollars to several million dollars, depending on the injuries you suffered and how they impact your life. Please note that case values are determined by many factors aside from bodily harm, like the degree of negligence by the pharmacist and the jurisdiction where the incident occurred.
Cases where the injuries are relatively minor may be settled for $10,000 to $50,000. Those with moderate injuries resulting from medical malpractice can have values ranging from $50,000 to $200,000. If you have severe health issues that impair your ability to work and perform daily tasks, settlements can start at $250,000 and go all the way up to $1,000,000. If the error made by the pharmacist has fatal complications, the total amount recovered will likely exceed $1,000,000.
Deadline to Sue a Pharmacy for Medication Error
In California, the statute of limitations for a lawsuit involving medical malpractice can is:
-
3 years starting from when the patient was injured by an act of malpractice
-
1 year, starting from the discovery of an injury resulting from negligence by a pharmacist
A medical malpractice lawyer can verify which of these dates you should go by in terms of the deadline to file a liability claim. That way, you do not make any mistakes that can cost you the right to sue the pharmacy. It’s very rare that the courts will allow an exception when you are past the statute of limitations for a malpractice claim, so please contact our law firm and talk to a pharmacy medication error attorney that works in Lancaster and Palmdale.
Help from a Pharmacy Malpractice Lawyer
Our law firm has decades of experience in the fight against negligent healthcare providers, including pharmacists and the businesses that employ these individuals. Here at Normandie, you can be sure of finding an attorney that understands what you’re through and what it takes to secure maximum payment for you and your loved ones.
We have a Zero Fee Guarantee that protects you from the moment you contact us. You are not asked to pay a single cent towards legal fees if you choose to hire us. Instead, we will deduct the cost of representing you once your settlement check is released by the other party. That way, your finances are not affected by having to pay for legal services upfront. In addition, you pay nothing if we fail to secure the compensation you deserve.
To schedule a free consultation on your rights and legal options, please get in touch with us here at Normandie Law Firm.
More Information
Sue Doctor or Hospital or Pharmacy for Medication Error
Pharmacy Medication Error Attorneys – Riverside County
Pharmacy Medication Error Attorneys – Modesto, CA
