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WHAT YOU NEED TO KNOW ABOUT YOUR RIGHTS AFTER A PHARMACY ERROR 

In recent years, the number of pharmacy errors has increased significantly, leaving many individuals unsure of their legal rights when affected by a pharmacy error. Pharmacy errors can range from filling the wrong medication, giving the wrong dose, or failing to provide proper instructions for use. Although the consequences of pharmacy errors can vary, it is important to understand your legal rights in the event of a pharmacy error. 

The first step in determining your legal rights after a pharmacy error is to understand the applicable state laws. Every state has its own set of laws governing pharmacy errors, including standards of care and liability for damages. These laws are intended to protect consumers from the potential dangers of a pharmacy error. If you believe that you have been the victim of a pharmacy error, you should consult with a qualified attorney to understand your rights and remedies. 

In some cases, the pharmacy may be liable for damages caused by a pharmacy error. In order to successfully file a claim against the pharmacy, you must be able to demonstrate that the error was the result of negligence on the part of the pharmacy or its employees. Depending on the state, you may be able to recover damages for medical expenses, lost wages, pain and suffering, and other losses related to the pharmacy error. 

In addition to filing a claim against the pharmacy, you may also be able to file a complaint with the state pharmacy board. This is an administrative process that can help ensure that the pharmacy is held accountable for its error and that similar errors are prevented in the future. When filing a complaint, you should provide detailed information about the error, including the date of the error, the medications involved, and any physical or emotional damages that you may have suffered as a result of the error. 

Finally, it is important to keep in mind that there are time limits for filing a claim or complaint for a pharmacy error. In most states, you must file a claim within a certain period of time from the date of the error. It is important to consult with an attorney as soon as possible to ensure that your rights are not affected by any applicable legal deadlines. 

It is important to remember that the consequences of a pharmacy error can be serious and can have long-lasting effects on your health and well-being. To ensure that your rights are protected, it is important to understand your legal rights after a pharmacy error. 

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. "Pharmacy Errors: What You Need to Know," U.S. Food & Drug Administration, Last modified May 20, 2019, https://www.fda.gov/consumers/consumer-updates/pharmacy-errors-what-you-need-know
  1. "What Are My Legal Rights When a Pharmacy Makes a Mistake?," Consumer Reports, Last modified January 8, 2020, https://www.consumerreports.org/prescription-drugs/what-are-my-legal-rights-when-a-pharmacy-makes-a-mistake/
  1. "Pharmacy Errors & Your Rights," FindLaw, Accessed February 20, 2020, https://injury.findlaw.com/medical-malpractice/pharmacy-errors-your-rights.html 
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