The Facts About Pharmacist Malpractice
Pharmacist malpractice can lead to serous injury and even death for the patient. The events that cause the malpractice all stem from the fact that health care professionals, including pharmacists and pharmacies, must abide by a standard of care in treating patients.
Sometimes pharmacists are careless or negligent, or just make mistakes. Yet a pharmacist is a skilled professional, and they are responsible for each prescription they fill.
The elements of a pharmacist malpractice case typically are as follows:
- The pharmacist has what is called a duty of care
- The pharmacist breached, or violated, that duty of care
- The breach of that duty resulted in harm to someone
- Damages - the estimated money equivalent for detriment or injury sustained - are incurred
Let's take a look at all that is involved in a pharmacist malpractice lawsuit.
What is duty of care?
When a pharmacist fills a prescription, they have a duty of care to their customer. This means that - as medical professionals - they have a legal obligation to adhere to a standard of reasonable care to fill and dispense the prescription correctly.
For instance, it is the duty of the pharmacist to
- check with the doctor when the prescribing doctor's handwriting is doubtful
- inquire about a questionable dose
- ensure the correct labeling for dosage is on every prescription
- prevent mistakes in preparation or compounding the medication
- provide adequate supervision to trainee technicians in the pharmacy
- adhere to good dispensing practice every time
As an attorney in a pharmacy malpractice case, I must prove that the person suing the pharmacist, the pharmacy, or the hospital was owed a duty of care, and that this care was disobeyed or violated.
For example, when a pharmacist makes a mistake while filling a prescription, we have the assumption of negligence, or the breach of duty of care. My job as an attorney is to fully investigate the facts and prove that the pharmacist did indeed make an error, and did not provide reasonable care for the patient.
What are damages in a pharmacy malpractice case?
"Damages" generally mean compensation for the patient's losses. These damages are to counterbalance the costs incurred due to loss of earnings, disability, medical expenses, pain and suffering, and other monetary sums needed to compensate for the patient's losses.
The Harrison Law Firm has considerable experience with traumatic injuries and wrongful death resulting from pharmacist malpractice. Fully versed in Wyoming medical claim law, Mr. Harrison applies his knowledge to help hold medical professionals and pharmacists responsible for their negligence.
Contact us for a free consultation concerning pharmacist malpractice.
Additional reading: Learn about preventing medical errors.
