Every time a doctor puts you on antibiotics or medicine for certain illnesses, you go to a pharmacy to get the medication. The pharmacist is then in charge of filling the prescription and giving you instructions on when and how to take the medicine.
Just like doctors and nurses, pharmacists are held liable for mistakes they make. Unfortunately, pharmacy malpractice is common and can result in death and serious injuries to the patient. When a patient is harmed because of a pharmacist’s error, the patient may choose to file a lawsuit.
Are Pharmacists Named in Lawsuits?
This is a common question for patients who are choosing to sue. They aren’t sure if the pharmacist will be named or if it will simply be the pharmacy in general. Pharmacists are always named during the lawsuit if the patient believes that the medication error is a direct result of the pharmacist’s negligence.
How is Negligence Proved?
If you are engaged in a lawsuit with a pharmacist, there are specific aspects of negligence that need to be proved in front of the judge and other members of the court. First, it must be shown that there was negligence in the duty of care.
Pharmacists are legally obligated to provide care in a specific way according to their training and the duties they have as pharmacists. For example, pharmacists are required to notify the patients of side effects and allergies to medications. If they do not discuss this with this patient, this is a breach of the duty of care.
This breach of the duty of care will need to be proven in court. Breaches of duty are what cause harm to patients, so you will need to prove that this is what caused your injuries.
If this cannot be proven, you need to at least prove that negligence was a substantial factor in causing harm. Make sure all your injuries are documented to be able to provide evidence that the harm caused negligence to you.
Lastly, you need to be able to show damages. This is often where compensation comes in. Monetary allowances can often be for medical expenses, pain and suffering, lost wages, and the loss of quality of life.
Using Witnesses
When you decide to enter a lawsuit against a pharmacist, there needs to be an expert witness on your side. You likely didn’t have anyone with you when you picked up your medicine from the pharmacy who can confirm whether or not the pharmacist gave you proper instructions.
This is where expert witnesses come in. Lawyers often call expert witnesses to the stand and ask them what they would have done in that situation. The expert witness will usually be another pharmacist or a health practitioner who can attest to standards and duty of care.
Because the majority of people do not have common knowledge of medication and pharmaceutical errors unless they also work in the medical field, this expert witness can be what persuades the jury and judge.
The expert witness is there to provide a medical opinion on the topic and to indicate proper pharmacy standards to the jury. Lawsuits and court proceedings usually come down to a battle between the plaintiff’s expert witness and the defendant’s expert witness since these are the people the jury will likely hear from the most.
Should I File a Lawsuit?
The best way to determine whether you have the grounds for a lawsuit is to reach out to a lawyer. Contact us at Kennedy Law Firm for assistance. We are here to help you get your life back on track after pharmaceutical malpractice.
Pharmacy errors can cause death or significant health concerns. If you think that you have been harmed due to a
Pharmacy negligence results in 1.5 million injuries to people in the US each year. These errors happen in the hospital
Pharmacists are required by law and by definition of their duties to provide specific care to their customers and patients
