Pharmacy Error: How Does It Happen and What to Do

Have you ever ventured over to your pharmacy to pick up your usual prescriptions, only to find that you brought home someone else’s medication entirely? This type of pharmacy error, along with several others, is a common misstep among pharmacies both large and small.

When this happens, it has the potential to cause serious harm. After all, what could happen if you didn’t double-check the label and you took what you thought was your typical dosage? Not only will the original recipient be out of their meds, but you could land yourself in the emergency room.

Luckily, there are steps you can take when you notice pharmacy error or negligence on behalf of the pharmacist. We’re going to explain exactly what pharmacy error is and the steps you can take to hold the pharmacy accountable.

What is Pharmacy Error?

Medication errors are so common that they harm more than 1.5 million people every year.

A pharmacy error can occur at any point between the time the prescription arrives at the pharmacy and the moment the medication is in the patient’s hand. Pharmacy error can happen in a variety of ways.

If any of the following situations apply to you or someone you know, you’ve fallen victim to pharmacy error and you may be able to sue for negligence and malpractice:

• You received the right medication with the wrong dosage
• You received the wrong medication entirely
• The medication instructions are incorrect

Although preventing pharmacy errors are the responsibility of the pharmacy, there are certain things you can do to help prevent this from happening in the future. By knowing the names and dosages of your medications, you can double check your labels before leaving to ensure you get the correct prescription.

Most pharmacies also offer counseling before you leave each time you pick up medication. This is a good time to ask the pharmacist to double check and make sure you have the correct medication.

What Determines Medical Negligence Versus Malpractice?

Although these two terms are commonly used interchangeably, there’s one distinctive marker that separates them. Medical negligence refers to medical wrongdoing that wasn’t intentional. On the other hand, medical malpractice refers to medical wrongdoing that was intentional.

When it comes to pharmacy error, medical negligence may be claimed if the pharmacist accidentally misread the prescription from your doctor. Medical malpractice, on the other hand, would be something like the pharmacist deliberately messing with a person’s medication.

What to Do When This Happens to You

Improper dispensing of medication has been found to occur as often as 55% of the time.

If you’ve experienced a pharmacy error, there are certain steps you can take to remedy the situation and hold the pharmacy accountable for their actions. If you’ve sustained an injury from the error, contact your attorney right away. From there, your attorney will be able to walk you through the process for receiving compensation from the pharmacy as a result of the error.

What Will My Attorney Do?

As long as you’ve contacted them in a timely manner and you are still within the statute of limitations, they can take your case to court. During that time your attorney will likely do the following to adequately build your case:

• Obtain your medical records. The records they’ll have access to are only the ones that will help prove your case to the court.
• Investigate the situation. Your attorney will also dig a little to see how many times the error has happened, either within the pharmacy in question or with those who were working the day of the incident.
• Get access to your medical bills. If possible, they will try to negotiate the price down for you.
• Contact the other party. Your lawyer will handle all correspondence between you and the pharmacy until the case is settled.
• Consult with experts. If necessary, they may reach out to medical professionals or other experts to help navigate and understand your situation.
• Represent you in court. If the case doesn’t get settled, your lawyer will represent you in court against the pharmacy.
• Negotiate settlement amounts. While they’ll represent you during negotiations, you’ll be able to work with them to decide on a fair amount.

If you or someone you love has fallen victim to pharmacy error, you have options. Kennedy Law Firm can help you help you get the compensation you deserve. Contact us today for a free case review.