After a doctor’s appointment, there’s a good chance that you will head over a local pharmacy, like CVS or Walgreens. Or, you may stop in at the pharmacy at a big box store like Kroger, Target, and Costco. As you wait for your prescription to be filled, does it ever occur to you that the pharmacist can make a mistake and give you the wrong medication?
For most people in Stockton, this is not something they worry about, as we assume that employees at a pharmacy are well-trained and careful in how they handle an order. Unfortunately, there is a disturbing rate of negligence among medical professionals, including those working at a pharmacy. These people are prone to errors, and some of these incidents can result in severe health complications and death. Alternatively, the medication does not cause any adverse effects, but it is ineffective for their condition. This results in the patient continuing to suffer and possibly ending up with irreversible damage to their health.
If you or your loved one suffered because of a pharmacy medication error, contact our law firm immediately. You may be eligible for compensation, which you can receive from a pharmacy malpractice lawsuit. The medical malpractice lawyers of Normandie will handle your case from start to finish and bring you every penny you deserve from the party at fault. Contact our law firm today and schedule a free, private consultation.
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Medication Errors at Pharmacies in Stockton, CA
Medication errors can cause serious harm, even death, to a patient. Thankfully, such mistakes are easily prevented, but it’s true that anyone – even pharmacy techs with many years of experience – can make a medication error. The problem is, many of these incidents are due to careless or reckless conduct.
Negligence by a pharmacist can happen at small mom and pop stores, as well as major retailers like Walmart, Rite Aid, Sam’s Club, and Publix. At such places, an error in preparing and dispending medications may fit the parameters of medical negligence under the following circumstances:
- The pharmacy had a duty of care to the patient.
- The duty of care was breached by negligence (carelessness or intentional misconduct)
- Because the duty of care was breached, the patient suffered bodily harm
- The harm resulting from the pharmacy’s negligence merit compensation to the patient.
The truth is, many pharmacies are understaffed with people who are overworked, undertrained, and left with inadequate supervision. This is why some pharmacists do not take basic measures, like contacting the physician if there is any concern or confusion about a prescription. Pharmacy staff can also rush to complete orders and mix them up or fail to place the correct label on the right medication.
The effect on the patient can be severe enough to require immediate medical attention. Some of the symptoms you may experience from getting the wrong medication include:
- Dizziness and headaches
- Fainting
- Fatigue and weakness
- Diarrhea
- Nausea and vomiting
- Allergic reactions, like hives and anaphylaxis
Please note these symptoms may not be frequent or strong enough to make the patient suspect that there is a medication error. As a result, they may have significant damage to various parts of their body before they figure out what happened. By then, it may be too late to reverse health complications that compromise their quality of life. Victims can also die from organ failure caused by damage to vital body parts like the livers and kidneys.
Laws to Protect Patients from Pharmacy Negligence
Due to the high potential for errors to occur at a pharmacy, the California Legislature has a series of laws that must be followed by people that work with medications. These laws include Statute 4076, Senate Bill 493, and the California Code of Regulations Title 16 Article 2.
The most important regulation pertaining to pharmacy liability is Statute 4076. Requirements under this legislation include the information that must be on a medication label – the patient’s name, the prescription date (issue and expiration), quantity, strength or dosage, the name of the pharmacy and prescribing doctor / hospital.
Do you have reason to suspect that mislabeling or missing information on a prescription medication caused you harm and suffering? You may have grounds for a lawsuit against the pharmacy, which we can assist you with here at Normandie Law Firm. Our prescription drug error attorneys in Stockton are available to answers all your questions and help you file a pharmacy negligence claim.
Monetary Compensation from a Lawsuit
Pharmacy malpractice lawsuits are meant to compensate victims and their loved ones for the financial losses resulting from medication error. Victims may also qualify to receive non-economic damages for the psychological impact of taking the wrong medication and suffering injuries or having their condition worsen over time. Compensation that you are likely to receive from a lawsuit include:
- Medical expenses
- Lost wages and benefits from your job, like PTO
- Pain and suffering
- Mental anguish / emotional distress
- Cost of hiring a medical malpractice attorney
Victims of neglect by pharmacist include people who have lost a family member or spouse to medication errors. By filing a wrongful death lawsuit, loved ones can seek monetary damages, such as:
- Funeral / burial costs
- Medical expenses associated with the victim’s care until the date of death
- Loss of consortium
- Pain and suffering
- Loss of expected savings and benefits
- Legal fees
How Long Do I have to File a Pharmacy Negligence Lawsuit?
Generally, the statute of limitations for a medical malpractice claim in California is one of two dates:
- 3 years from when the injury / harm was inflicted on the patient
- 1 year from the date of discovering an injury caused by pharmacy malpractice
A pharmacy negligence lawsuit attorney can give you a more detailed breakdown of these guidelines and the exact deadline that applies to your situation. This is highly recommended when there is malpractice that resulted from medication dispensing errors, which you may not find out about until months or years after the event.
No matter how much time you have for a legal case, please contact a lawyer as soon as possible. If you run out of time to file a lawsuit, you will permanently lose out on the compensation that is owed to you by the pharmacy. We are available 24 hours a day, 7 days a week, so don’t hesitate to give us a call.
Contact Normandie Law Firm
Our legal team has been fighting for the rights of medical malpractice victims for several decades. That’s why you can count on us to build a solid case and negotiate maximum payment for you and your loved ones.
Our commitment to the residents of Stockton includes the Zero Fee Guarantee. Under this agreement, you will not pay us a single penny upfront. Instead, we will wait until the recovery of your settlement to deduct the cost of legal fees. So, if we do not win your case, you pay us $0, meaning there is no negative impact on your finances.
If you are ready to explore your rights and legal options, please contact us and schedule a free, private case review.
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