Pharmacists are a vital part of our lives and are a part of our life that we often take for granted. That is because usually, our experience with our pharmacist is seamless and easy. But the results can be disastrous when pharmacists make mistakes. Sadly, I have represented people here in Mississippi harmed by pharmacist errors and have written the following blog post to help explain the standards at play for bringing a successful negligence claim against a pharmacy or pharmacist.
If you or a loved one were injured or killed as a result of a pharmacist’s mistake, you must find experienced counsel to help you attain your fair share of compensation for your loss of income, pain and suffering, and injury. Barrett Law has the experience to help you if you have been injured. Contact us now at (800) 707-9577.
Negligence in the Pharmacy
To make a successful claim against a pharmacy, it is not enough to merely have an adverse reaction to a drug. Generally speaking, to prove negligence against a pharmacist, you must show that he or she had a duty of care to you and failed to meet that duty. In laymen’s terms, that means that the pharmacist made a mistake that was reasonably avoidable with proper training, controls, or protocols. Pharmacies are strictly controlled environments and are governed by federal law, state law, and professional rules. Any one of these standards provides a bar which pharmacists must consistently clear. There are many types of pharmacist errors that result in successful negligence claims, such as providing the wrong medication, providing the wrong dosage of the correct medication, providing a patient with incorrect instructions, failing to adequately counsel patients regarding dangerous drug interactions or combinations, failing to recognize dangerous drug allergies, printing the wrong instructions on the medication, and erroneously interpreting doctors’ notes.
You may also have a claim against the pharmacy itself for many different negligence theories. “Negligent hire” is a claim based on a business’s decision to hire a person who is either not qualified or barred from employment. It is often triggered when a company employs someone without performing adequate background checks or assuring that the new hire possesses sufficient licensure. A failure to conduct appropriate background checks can result in a pharmacist who ran into problems at one pharmacy to simply move to another one. Another negligence claim may be based on negligent management of the clinic; this applies if unlicensed pharmacy techs routinely do the more technical work of licensed pharmacists, or if the pharmacy does not have an adequate training program to stay up-to-date with professional standards and practices.
What Should You Do If A Pharmacist Injured You or a Loved One?
If you or a loved one were injured as a result of medication provided by a pharmacist, save any bottles, medicines, labels, and prescriptions related to the prescription. These are vital evidence that will be necessary to prove your case. Write down the names and contact information of anyone who accompanied you to the pharmacy when you picked up your medications. Next, focus on healing. Let experienced counsel take care of organizing your bills, attaining statements from expert witnesses, and dealing with the pharmacy’s attorneys. These are just a few of the critical, complex tasks that a personal injury attorney will handle for you while you concentrate on healing and getting back on your feet again.
Call Barrett Law now, an experienced Mississippi personal injury law firm, to represent you if you have suffered an injury due to a mistakenly prescribed drug or any other type of pharmacy-related negligence. Contact us now at (800) 707-9577.
