How Would a Pharmacist Defend Against a Malpractice Lawsuit?

If you have been harmed through pharmacy malpractice, you are probably wondering what you can expect as you proceed through the steps of suing for malpractice. Many people are not aware of the process that is followed when there is an accusation of malpractice against a pharmacist. Your lawyer will be able to help take care of your side of the case, but you might be wondering what will happen when your case goes to trial or to be considered for settlement.

Pharmacy malpractice can happen for various reasons, most of them related to negligence on the part of the pharmacist. This is the kind of situation where your lawyer will work to prove that the pharmacist who filled your medications was not exercising the right duty of care when they helped you. This can be the difference between being able to sue for malpractice and not being able to do so.

If you want to learn more about how a pharmacist would defend against a malpractice lawsuit, you need to read on.

What is Medical Malpractice?

Medical malpractice or pharmacy malpractice happens when your pharmacist does not exercise the proper care and attention when filling your prescription. This can lead to giving out the wrong medication, not providing the right instructions for your medication, or not giving you the right dose of the medication.

Pharmacy errors can lead to significant harm and even death. There are many instances of this kind of error each year and if you believe that pharmacy malpractice is the reason for your injuries, you need to seek the help of a lawyer right away. You will need representation for your case who knows the ins and outs of the medical malpractice case defense process.

What Defenses Can a Pharmacist Use for Malpractice?

There are a few defenses that could be used when a pharmacist is accused of malpractice. The defense that is chosen has a lot to do with the circumstances of the accident and how your injuries occurred. The pharmacist does not work alone in the pharmacy and sometimes more than one person could be responsible for your injuries.

Malpractice defense cases can be very difficult and complex to try. They are often taken to court and are not settled out of court. This means that you need to work with a skilled lawyer for your malpractice case so that you are most likely to get a good end result for your case.

1.       They Had No Duty of Care

If the pharmacist does not believe that they needed to offer a duty of care for your prescription, they will argue that they did not have to provide care to you in any way. This might be the case if they are arguing that another pharmacist was responsible for filling your prescription. They could also argue that you did not need instruction for your medication since you had taken it before. This may or may not be the case, but this can be a common argument.

2.       They Did Not Commit a Breach

This can be the argument that is used if the pharmacist argues that they provided the right care for your needs but you made an error at home in how you took the medication. This can also be their argument if they gave you the right medication based on a doctor’s orders and did not know it was incorrect for your needs. The doctor’s handwriting and other factors that the pharmacist cannot control might be blamed as well.

3.       They Were Not the Cause of the Injury

This argument can be used if the pharmacist believes that someone else was the one that made the error instead of them. This might be the doctor or a coworker. This is usually the primary argument in large businesses when many people might handle a medication before it is passed on to a patient.

4.       There Was No Injury

Sometimes the pharmacist’s lawyer will argue that the plaintiff was not injured at all. This might be an argument if you have a lot of existing conditions that could be blamed for your injuries. Your lawyer will work to prove that you were injured and that this is not the case at all. Even if you have pre-existing conditions, you should not be told that you were not harmed by your pharmacist.

What Do You Have to Show to Win Against a Pharmacist?

You will need to prove these things to succeed in your case:

• Duty — that the pharmacist had a legal duty of care to you as their patient

• Breach — that there was a lack of care that was provided to you by the pharmacist and they failed in their duty of care to you

• Damages — that you suffered harm that the legal system can attend to

• Causation — that the pharmacist failed to live up to their duty of care or neglected other conditions and situations that led to your injury

You will often need to be able to prove all of these things in order to be able to succeed in your case against a pharmacist that you are suing for malpractice. Your attorney will connect with witnesses and other experts to help build a case that shows clearly that you were injured due to a lack of care and a breach of duty by the pharmacist who was providing you care.

Work With a Skilled Lawyer

You will need to be sure that you work with a skilled lawyer who knows about pharmacy negligence and malpractice for your case. This is essential if you are trying to sue a pharmacist for malpractice and you want to be sure to win your case. You deserve to seek compensation for your injuries and your lawyer will be able to help you with this process if they are familiar with malpractice cases.

Working with a skilled lawyer is critical for your needs when you have been harmed through pharmacy malpractice.