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How to Initiate a Medical Negligence Lawsuit

If you or a loved one has been harmed due to a pharmacy error, there are steps you can take to achieve justice for your struggle. Pharmacy error can happen for any number of reasons, and sometimes those reasons warrant suing a medical professional for medical negligence.

In general, medical negligence is when a patient received invalid care; in this case, receiving the incorrect dosages or medication is medical negligence if it caused harm to the patient’s life. Malpractice is determined by assessing whether or not the patient would have received the same level of care from another professional under a similar circumstance.

If you believe you’ve been the victim of medical negligence, here’s what you should do:

  1. Contact the Pharmacist: The pharmacist will usually be extremely apologetic and offer to remedy the issue. However, if damage has already been done, it’s best to skip this step and speak to an attorney.
  2. Contact the Pharmacy Licensing Board: Contacting the correct licensing board for the professionals involved in the issue is helpful because their board can give them a warning or revoke their license. This can help prevent it from happening to future patients.
  3. Understand the Statute of Limitations Filing Limits: You have a finite amount of time from the date of the incident for filing a medical malpractice suit. Because of this, it’s best to file promptly rather than waiting.
  4. Talk to an Attorney: An attorney is your best resource at seeking justice for your issue. Whether that’s through a cash settlement or a physical court date, your attorney will know how to best handle the situation.
  5. Consider Out-of-Court Settlement: Settling outside of court is beneficial in that you don’t need to carve out extra time in your life to show up to a potentially prolonged court proceeding. Instead, attorneys on both sides can work out a deal that will benefit you without causing extra stress.


Kennedy Law Firm can help you begin the filing process for a medical negligence and pharmacy error lawsuit. With the assistance of an experienced pharmacy error lawyer, you have the greatest likelihood of receiving the maximum monetary damages that you deserve. You don't have to navigate this process alone. Contact us today so we can provide you with guidance and support.

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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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