Is Pharmacy Error Grounds for Negligence or Malpractice?  

When we take medication, we simply assume that the doctor and the pharmacist got it right. The doctor sends over the prescription and the pharmacy is in charge of filling it with the correct dose and the proper prescription.

But what happens if they get it wrong?

If a pharmacy fills your prescription incorrectly, it’s a problem. If you, or someone you know, has been affected by a pharmacy error that has led to other health issues, this can be grounds for a malpractice case. It is important to familiarize yourself with the laws in your state. Take a look at this guide below for some additional information on the process and what to expect.

What Is a Pharmacy Error?

Ultimately, it’s an error made on the part of the pharmacy. While we all make mistakes, a medication error can be fatal. In most cases, these errors are not from carelessness or ill will but regardless, there is still a risk for the patient taking the medication.

There are several types of pharmacy errors. Different errors may have different ramifications and can vary depending on how your body reacts and the severity of the mistake made.

Most pharmacy errors that lead to a malpractice lawsuit include one of the following:

• Filling a prescription with the wrong medication
• Providing the incorrect dosage
• Labeling medication improperly
• Failing to provide medication disclosures of side effects
• Knowingly providing a medication that could react badly with another medication currently in use

How Is This Malpractice?

Medical malpractice, including medication errors, falls under the realm of personal injury law. There must be clear negligence at play that led to the pharmacy error, including:

• Cause

Was the medical professional directly responsible for the injury related to the prescription? If so, the professional is responsible for the error.

• Damages

There must be physical, emotional, or monetary damage specifically related to the negligent act. In addition to illness, this can also include medical bills or lost wages.

• Medical Duty of Care

Medical practitioners have a specific duty of care that they must abide by. A healthcare provider is responsible for knowing your history, allergies, current medications, and how to properly prescribe in relation to those needs. It is also your responsibility to disclose these details when the provider asks.

• Breach of Duty

If the healthcare provider fails to provide according to the duty of care, this is considered to be a breach of duty. This is where you have a malpractice case. This duty falls on both healthcare providers and pharmacists.

How Do Pharmacy Errors Happen? 

It can be challenging to pinpoint the exact cause as the error is typically not realized until the patient has some sort of negative side effect. There are several different reasons why a pharmacy error may occur, including:

• The pharmacist or medical professional is distracted
• Unclear handwriting on written prescriptions
• Failing to realize a prescription coincides with an allergy
• Failure to review current prescriptions, history, or allergies
• Pharmacist or medical professional might lack full understanding of a medication
• Communication errors with calls or online transmittals

What Happens When a Prescription Error is Made?

For some people, a prescription error may never be noticed. For others, a pharmacy error could cause several side effects, including:

• Illness
• Death
• Allergic reactions
• Failed treatment

While it’s possible no harm will come to the patient, there are many cases in which harm does occur in some manner.

What Should You Do?

If you or a loved one has been affected by what you suspect is pharmacy error negligence, reach out an attorney in your area for a review of your case. If there was a breach of duty that led to damages, a lawsuit can be filed. Contact us today for assistance in your case.