How many times after a doctor’s appointment have you left with a prescription? For most of us, this is the primary reason for going to a clinic or hospital, whether we need maximum strength pain relievers or medicine for a chronic condition. You always assume that the medication is helpful, but there are instances where something given to you by a pharmacist causes harm and suffering.
Sometimes, errors with medication are due to the patient not following the instructions, forgetting to take the medicine, or deliberately taking too much. In other instances, fault may lie with one or more staff members at a pharmacy. Those working at a pharmacy are trusted by the public to provide efficient and accurate service when it comes to fulfilling a prescription. Unfortunately, negligence by these individuals can lead to complications that severely injure the patient and even cause death.
Were you or a loved one harmed by medication error at a pharmacy in Modesto, California? If you are a victim of prescription error by the pharmacy, you may have grounds to file a medical malpractice lawsuit. It’s essential that you contact a lawyer with experience in pharmacy negligence claims right away, who can advise you of your rights and legal options. Call Normandie Law Firm today and schedule a free case evaluation.
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The Dangers of Medication Errors at a Pharmacy
Medical professionals may be highly trained, but anyone can make mistakes that compromise a patient’s safety. Healthcare providers include doctors and nurses, but pharmacists also play a crucial role in protecting your health and wellbeing. Specifically, they can cause medication errors that affect one or more customers at Modesto pharmacies, like Walmart, CVS, Rite Aid, Costco, and Target.
There are many examples of mistakes with prescription orders, including:
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Giving the patient medication meant for someone else
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Putting the wrong label on the medication
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Failing to disclose important information on the label
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Not checking with the prescribing physician when there is confusion about a prescription
When there is a prescription error by a pharmacy, the patient can end up with severe allergic reactions, along with nausea, vomiting, diarrhea, loss of consciousness, and other symptoms. In the most serious cases, it’s possible for the patient to die from organ failure and other fatal complications. Alternatively, the patient’s condition becomes worse because they are receiving the correct medication.
What Causes Medication Errors?
Medication errors are preventable, but they occur more often than they should. In most cases, it’s clear that the problem is due to negligence by the pharmacy staff. This can happen easily with handwritten or unclear prescriptions if the pharmacist doesn’t verify the information with the doctor. Taking guesses and interpreting what was prescribed can be very dangerous to the patient.
Another problem has to do with the prescription fulfillment services, especially by major retail chains like Walgreens, Health Mart, and CVS. These places have a tendency to promise service in as little as 15 minutes, which is great in terms of convenience to the customer. But this is not a realistic goal at locations that are understaffed or lacking in strong leadership. From undertraining to a failure to supervise, there are many reasons that pharmacy staff can make mistakes with a customer’s prescription.
As someone who is affected by pharmacy medication error, you have the right to file a claim for monetary damages. In order to sue, you must show evidence of the pharmacy’s failure to exercise reasonable care. This can be done by carelessness or willful misconduct, but either way, proving negligence that meets the standard of medical malpractice is incredibly challenging. A successful outcome depends on many factors, including the skill and experience of the lawyer that’s representing you.
Monetary Damages for Pharmacy Malpractice Victims
Those who are diagnosed with serious health issues following a medication error can receive compensation from that party at fault, and these payments are known as damages. What are the damages you are eligible to claim from a lawsuit? That depends on your injuries, the impact of those injuries on your life, and other important details that are specific to your case. Categories of compensation on behalf of medical malpractice victims can include:
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Medical expenses
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Lost wages / lost earning capacity
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Pain and suffering
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Emotional distress
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Punitive damages
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Attorney’s fees
Now, let’s say that you are not the person that’s injured, but a loved one of someone that died as a result of malpractice by a pharmacist. Are you entitled to payment for losing your spouse, parent, child, grandparent, etc.? Yes, you may have the option of filing a wrongful death lawsuit for damages like funeral expenses, medical costs, pain and suffering, and loss of consortium. To learn more about the funds you can obtain from a lawsuit against the pharmacy, reach out to us for a free consultation with one of our attorneys.
Statute of Limitations to File a Pharmacy Malpractice Claim
Please be aware that California has strict deadlines for medical malpractice claims, meaning you have a specific amount of time to file a pharmacy negligence lawsuit. The statute of limitations is based on the following guidelines:
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Within 1 year from when you were injured by a healthcare provider’s negligence
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Within 3 years of discovering an injury / illness caused by negligence at a pharmacy
It’s essential that you verify the correct deadline, since failing to file a lawsuit on time will invalidate your right to sue the other party. That means you can no longer seek medical expenses and other compensation, even if the pharmacy was grossly negligent in their duty of care. To avoid this outcome, make sure to contact our law firm as soon as possible.
Lawyer that can Sue for Negligence by a Pharmacy
Quick and decisive action is the key to obtaining justice when you have been injured by another party’s negligence. The legal experts of Normandie are proud to represent the residents of Modesto and help them receive the highest possible settlement from a pharmacy medication error lawsuit.
Our attorneys work on contingency, and that means we do not charge you upfront for the cost of legal services. We promise that the only payment owed to us is a percentage of your settlement, so we have to win your case in order to get paid. Otherwise, there is a Zero Fee Guarantee in place, meaning if we don’t recover your damages, you owe us $0.
Contact the medical malpractice lawyers of Normandie today and let us guide you through the legal process, step by step.
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