Blindness After Cataract Surgery
BLINDNESS AFTER CATARACT SURGERY In these three separate pharmacist negligence cases, each of our three clients was undergoing routine cataract surgery when they were blinded in one eye by an…
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Pharmacy and medication errors happen far more frequently than most people realize and can result in serious injury or even death. The Orlando and Casselberry pharmacy malpractice or medication errors lawyers at Warner & Warner represent victims who have suffered life-altering injuries because of a pharmacy error. Prescription medication is intended to help you manage or recover from a medical condition or injury. It can only do that, however, when it is the correct medication that is also dispensed correctly by the pharmacy.
Unfortunately, this is not always the case. Pharmacy malpractice is a complex area of the law that can be difficult to navigate without the assistance of an experienced attorney. If you believe you or a loved one has been harmed by a medication mistake, give us a call right away. We have helped numerous victims of pharmacy and medical malpractice and are committed to holding the negligent party or parties responsible. We make sure victims are compensated fully and fairly for the physical and emotional injuries they suffered following a pharmacy error.
Pharmacy Errors Happen More Often Than You May Realize
Medication errors remain a critical concern in the U.S., affecting approximately 1.3 million people each year and resulting in at least one death per day. Estimates suggest that between 7,000 to 9,000 Americans die annually due to these preventable mistakes, while hundreds of thousands of other patients experience an adverse reaction or other serious medication complications.
The financial impact is equally alarming. While earlier data placed the cost at over $20 billion annually, more recent analyses estimate that the total cost of drug-related morbidity and mortality may reach as high as $528 billion per year. You or your loved ones could be a victim of these staggering statistics, and you need to consult with a medication errors lawyer as soon as possible to understand your rights.
What Is Pharmacy Malpractice?
To further understand what pharmacy malpractice is, we recommend seeking professional advice from a pharmacy lawyer. Pharmacists and other healthcare professionals are human and do make mistakes, but not all mistakes rise to the level of malpractice. However, we do hold all medical professionals to a high standard. When they do not meet the standard accepted by reasonably prudent medical professionals in their practice area and their action or lack of action causes injury, they can be held liable for malpractice.
The U.S. Food and Drug Administration (FDA) defines a medication error as “any preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the healthcare professional, patient, or consumer.” Medication errors can occur in a variety of settings. When a licensed pharmacist or anyone else in the chain of care causes or contributes to a medication error that leads to a patient being injured, they may be held legally liable for the damages suffered by the victim.
Common Errors That Lead to Pharmacist Lawsuits
Several important steps must occur before you pick up a prescription from your pharmacy, and, unfortunately, an error can occur during any of those steps. A pharmacy error can occur during any stage of the process from prescribing to dispensing medication. Among the most common pharmacy errors are:
- Giving medication to the wrong patient: If a pharmacy is extremely busy or the pharmacist is distracted, a prescription can inadvertently be given to the wrong patient.
- Dispensing the wrong medication: With thousands of prescription drugs on the market, many have similar names, which can lead to dispensing the wrong medication. Prescriptions can also get mixed up, resulting in the wrong medication being handed to the patient.
- Failing to provide correct instructions or warnings: All prescription medications come with instructions and warnings. If this information is not included, a patient can take the medication improperly or fail to identify serious adverse reactions in time to prevent harm.
- Dispensing the wrong dosage: A prescription that calls for 10 mg might be read as 100 mg by a pharmacist, potentially causing a fatal overdose in the patient.
- Failing to counsel a patient: Pharmacists are legally required to offer to counsel patients about medications they dispense. If the pharmacist fails to offer this and the patient is injured, it can be considered malpractice.
- Failing to recognize drug interactions or allergies: Pharmacists are trained to recognize potential drug interactions and allergies. When they fail to recognize these risks, a patient can suffer serious injury.
- Providing opiates to opiate-naïve elderly patients: In Florida, physicians routinely prescribe opiate pain medication for seniors and pharmacists fill them without considering the patient’s ability to clear those medications without significant side effects, including death.
Who Is Responsible for Injuries Caused by Pharmacy Negligence?
One of the challenges when pursuing a pharmacy malpractice claim is determining exactly why the pharmacy error occurred and who is responsible. Depending on where the medication was dispensed, an experienced pharmacy error lawyer will ensure that all parties who share in the responsibility are held accountable, including:
- The Pharmacy (such as CVS or Walgreens)
- The Hospital
- The Pharmacist
- Pharmacy technicians or other staff
Identifying who is liable is a complex process and working with a medication malpractice lawyer is your best option to weave through the state and federal laws relating to your case.
What Are the Settlements for a Wrong Prescription?
If you or a family member has been injured due to pharmacy malpractice or prescription errors, a skilled wrong prescription attorney can help you take legal action. Our experienced pharmacy malpractice attorneys will work endlessly to obtain the financial compensation you deserve for your physical injuries and emotional trauma. This compensation could include payment for:
- Medical bills and care expenses: Existing and future expenses for hospital care, office visits, medications, diagnostic procedures, medical equipment, and rehabilitation.
- Decreased income and earning potential: Lost wages due to time off work and diminished earning capacity.
- Physical and emotional pain and suffering: Compensation for the trauma and physical pain experienced following the error.
- Diminished quality of life: The capacity to enjoy life and fully participate in normal daily activities.
- Other damages recoverable under Florida law.
Why Choose Warner & Warner as Your Experienced Medication Error Attorneys
The Orlando and Casselberry medication error attorneys at Warner & Warner are committed to advocating for victims who have been harmed by pharmacy errors. Navigating the maze of state and federal laws can be extremely difficult. With an experienced pharmacy malpractice lawyer on your side, you can focus on recovering from your injuries while we take care of all the legal issues involved in getting you justice.
We have the specialized experience, knowledge, and resources required to successfully prove and litigate complex pharmacy malpractice lawsuits. We will aggressively pursue action against the negligent parties and fight for your rights under the law to ensure you are fully compensated. Call us today at 321-972-1889 to schedule your free case review, or contact us online.