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August 10, 2021

Can I Sue My Pharmacist for Neglect?

Pharmacy negligence results in 1.5 million injuries to people in the US each year. These errors happen in the hospital as well as away from the hospital when people go pick up their own prescriptions after an ER visit or doctor’s office visit. 

There are many reasons that pharmacy neglect takes place, but these reasons might affect your ability to seek compensation and damages for your injuries. You may also be able to seek compensation if a family member has been killed due to pharmacy negligence, but you will need to be able to prove that the pharmacy was to blame for the error.

If you or a loved one has been harmed through pharmacy neglect, here are the things that you need to know before you decide if you can sue your pharmacist for neglect.

Can I Sue My Pharmacist for Neglect?

Pharmacists have a legal duty to do more than just count out pills and stick labels on bottles. Their responsibilities are governed by law and they must follow certain actions and precautions while filling prescriptions. Among these responsibilities are these key tasks:

  • Looking at patient’s past history for contraindications for medications
  • Screening prescriptions with the help of doctors to make sure that no interactions will occur between prescribed medications
  • Warning the patient about side effects and serious signs of drug interactions
  • Reaching out to doctors if the pharmacist believes that medication will harm the patient
  • Tracking medical history and prescription history for the patient
  • Offering to discuss the medication in detail with patients
  • Following proper checks and balances to prevent pharmacy errors

All of these practices must be done by pharmacists each day that they are at work. If any of these steps are not followed, a patient could suffer harm or even death.

Proof of Error or Negligence

Pharmacy professionals are required to follow these steps but it can be hard to prove that an error was made where one of these steps was skipped over. The other possible confusion about who might be responsible for your pharmacy injury is that sometimes the doctor wrote the prescription wrong or a nurse or other medical professional may have taken notes incorrectly.

You will want to work with a legal professional who will make sure a proper investigation is done into your injury and the circumstances that led to it. Without this investigation, you will likely not be able to seek compensation for your injuries.

Working With an Experienced Lawyer is Essential

To make sure that you can get the compensation that you deserve for your injuries related to pharmacy negligence, you will need to work with a skilled lawyer who knows about these kinds of cases. At Kennedy Law Firm, we are experts in representing clients who have been injured by pharmacy negligence.

Contact us today to set up a consultation and we will begin the process of helping you prepare your case to seek the compensation that you deserve.

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If you or a loved one has suffered because of a wrong medication error, you can order our free book, "Making Pharmacies Pay For Their Mistakes" to learn more about taking action because of a medication error.
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