When a pharmacy makes an error that results in harm to a patient, the injured party may have the right to pursue a legal claim for damages. In order to successfully sue a pharmacy for negligence, the injured party must be able to demonstrate that the pharmacy failed to meet the applicable standard of care and that this failure caused the injury.
The first step in proving negligence in a pharmacy error case is to establish the applicable standard of care. This involves showing that the pharmacy had a duty to provide medications in a safe manner and that the pharmacy failed in this duty of care. The standard of care may vary depending on the individual circumstances, including the type of medication and the patient's particular medical needs.
The second step is to demonstrate that the pharmacy's failure to meet the applicable standard of care caused the injury. This involves showing that the error was the result of the pharmacy's negligence and that the negligence was the direct cause of the injury. It is important to note that the injured party must be able to demonstrate that the injury would not have occurred but for the negligence of the pharmacy.
Once the negligence has been established, the injured party must then provide evidence of damages. This includes demonstrating the extent of the injury, the medical expenses incurred, and any other losses suffered as a result of the pharmacy's negligence. The injured party may also be able to recover compensation for pain and suffering, lost wages, and other damages.
Finally, the injured party must be able to demonstrate that the damages suffered were a direct result of the pharmacy's negligence. This involves showing that the damages suffered were not the result of any other intervening cause. This can be difficult to prove, and it is important to consult with an experienced attorney who can help you understand the applicable laws and evaluate your potential claim.
It is important to remember that the legal process of suing a pharmacy for negligence can be complex and time-consuming. In order to ensure that your rights are protected, it is important to consult with an experienced attorney who can help you understand the applicable laws and ensure that your case is handled properly.
Contact our firm today for a free case review. We work on a contingency fee basis, and are not paid unless we obtain a successful recovery for you.
Sources:
1. "What Are My Legal Rights When a Pharmacy Makes a Mistake?," Consumer Reports, Last modified January 8, 2020, https://www.consumerreports.org/prescription-drugs/what-are-my-legal-rights-when-a-pharmacy-makes-a-mistake/.
2. "Suing a Pharmacy for Negligence," Nolo, Accessed February 20, 2020, https://www.nolo.com/legal-encyclopedia/suing-pharmacy-negligence.html.
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