THE LEGAL PROCESS OF SUING A PHARMACY FOR NEGLIGENCE 

When a pharmacy makes a mistake that results in harm to a patient, the injured party may have the right to pursue a legal claim for damages. Pharmacies have a duty of care to ensure that medications are delivered in a safe manner and that patients receive the correct medications and instructions. When a pharmacy fails in this duty of care, the injured party may be able to sue for negligence. 

The legal process of suing a pharmacy for negligence begins with an assessment of the potential claim. 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. This means that the injured party must be able to show that the pharmacy's actions or omissions were negligent and that the negligence caused the injury. 

Once the injured party has established that the pharmacy was negligent, they 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. 

Once the damages have been established, the injured party can then file a lawsuit against the pharmacy. This suit should include detailed information about the pharmacy's negligence and the damages suffered. The injured party should also include a demand for compensation for their losses. 

After the lawsuit has been filed, the pharmacy will have the opportunity to respond. If the pharmacy does not dispute the injured party's claim, the case may proceed to a settlement. If the pharmacy denies the claim or disputes the damages, the case may proceed to trial. 

At trial, the injured party must prove their case by a preponderance of the evidence. This means that the injured party must demonstrate that it is more likely than not that the pharmacy was negligent and that the negligence caused the injury. After the evidence has been presented and the jury has reached a verdict, the court will then determine the amount of damages to award to the injured party. 

It is important to understand 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. "Suing a Pharmacy for Negligence," Nolo, Accessed February 20, 2020, https://www.nolo.com/legal-encyclopedia/suing-pharmacy-negligence.html.