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How Can I Prove Pharmacy Negligence?

If you think you have been the victim of pharmaceutical negligence, you might be wondering what steps to take next. If you or a loved one are suffering as a result of pharmaceutical negligence, you will need to hire a lawyer to help you with the claim.

Having the right attorney on your side ensures that you get the compensation and care you need due to pharmacy error.

Below are some details your lawyer will have to prove to show that there was pharmaceutical negligence:

There Was a Breach of Duty

Every pharmacist is in charge of caring for their patients and ensuring the correct medicine is dispensed to take care of illness or conditions. When a pharmacist gives out the wrong medicine or the wrong dose, this is a breach of their duty of care.

The pharmacist is also in charge of ensuring the medicine they give to you will not cause reactions or problems with any other medicines you are taking.

If any of these duties were not performed at all or were performed incorrectly, then you have cause for filing a lawsuit for pharmacy negligence. Proving that there was a breach of duty usually involves getting a testimony by an expert witness.

There Was Injury or Harm

If you took the wrong medicine or the wrong dose, you will need to prove that there was direct bodily harm because of the negligence of the pharmacist.

You will need to show any doctor’s visits or hospital stays. Your lawyer can also ask your attending doctor or hospital staff to take the stand.

Proximate Cause

You will also need to prove that the injuries were a direct result of the error and not something else. This part is more difficult to prove because the prosecution may try to blame your illness for causing the symptoms and not the pharmacist’s error. Your lawyer will likely bring in expert testimony for this as well.

Seek Out An Experienced Pharmacy Error Attorney

Whom you decide to hire can be paramount to winning your case. If you have been a victim of pharmacy negligence or malpractice, contact Kennedy Law Firm today for a free case review.

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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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