Welcome to Pritzker | Ruohonen

Pharmacist Malpractice - Lawsuit and Lawyer
Pharmacist Liabililty and Money Damages

MedicationThe following pharmacist malpractice information is provided by Pritzker | Ruohonen, a nationally-recognized law firm. Attorneys at our law firm have been interviewed by The New York Times, The Wall Street Journal, Lawyers USA and other publications. Attorneys Fred Pritzker, Rich Ruohonen and Elliot Olsen have been named "Super Lawyers" by Law & Politics magazine. Fred Pritzker has also been selected for inclusion in The Best Lawyers in America. To contact a lawyer at the firm regarding a pharmacist liability and a pharmacist malpractice lawsuit, please call 1-888-377-8900 (toll-free), e-mail our attorneys, or sumbit our free case review form.

Pharmacy Malpractice Lawsuit

In a pharmacist malpractice lawsuit, the elements of the case usually include the following:

  • The pharmacist had a duty of care
  • The pharmacist breached that duty of care
  • The breach of that duty caused harm
  • Damages

Pharmacist Duty of Care

Pharmacists have a duty of care to the people whose prescriptions they fill.  This means that if you had a prescription filled by a pharmacist, that pharmacist owes you a duty of care.  This is true whether the pharmacist is working at a drug store, hospital, clinic or any location.  This duty of care extends to the pharmacy, hospital or clinic where the pharmacist was working at the time the prescription was filled.  In a pharmacist error lawsuit, the attorney needs to prove that the person suing the pharmacist (and the pharmacy, hospital, etc.) was owed a duty of care.

Pharmacist Malpractice: Breach of Duty of Care

A pharmacist has a degree and holds himself or herself out as having the training and ability to accurately fill prescriptions.  Pharmacists are, therefore, held to a high duty of care (standard of care) that requires absolute accuracy in order processing. When a pharmacist makes a medication error while filling a prescription, there is a presumption of negligence (a breach of the duty of care). In a pharmacist malpractice lawsuit, the attorney needs to prove that the pharmacist gave the patient the wrong medication, the wrong dose of the medication, the wrong directions for taking the medication or some other error.

Pharmacist error can come in many forms, including the following:

  • The patient was given another patient’s prescription.
  • The patient was given a medication that had a name similar to the prescribed medication (for example, Toprol and Tegretol).  This is one of the most common reasons for pharmacist error involving the dispensing of the wrong medication.
  • The pharmacist misread the prescribing doctor’s handwriting.  This still happens, and both the pharmacist and the prescribing doctor can be found liable is these cases.
  • A patient is given the wrong dose. 
  • A patient is given a medication that has been compounded incorrectly.  Some medications are compounded by pharmacies.  A pharmacy error can occur if the medication has been compounded with a larger dosage of the medication than intended.  For example, a case involving compounded colchicine where the dosage was 10 times the intended dosage.  Three people died.
  • The patient is given the right drug but the wrong directions.

Damages in a Pharmacist Malpractice Case

"Damages" in a pharmacist malpractice lawsuit usually involves compensation for medical expenses, loss of earnings, disability, pain and suffering, emotional distress and any other amount that would be considered necessary to compensate the patient for his or her losses.  In rare cases, punitive damages may apply.  Punitive damages are monetary amounts that are meant to punish the defendant(s) (the pharmacist, pharmacy, hospital, and any other party that may be liable).  

In a pharmacist malpractice wrongful death case, amounts recoverable for pain and suffering may be limited or not provided for under wrongful death statutes.  Our attorneys have significant experience with wrongful death cases.  Contact them regarding “pain and suffering” and how recoveries for “loss of care and comfort” can provide additional compensation in wrongful death cases.

To contact a lawyer at Pritzker | Ruohonen about your pharmacist malpractice case, please call 1-888-377-8900 (toll-free), e-mail our lawyers or submit our free case consultation form.

 


Free Case Consultation





Logos

Medical Malpractice Topics

Pain and Suffering

Rich Ruohonen recently chaired a legal seminar on obtaining compensation for pain and suffering in a personal injury case. Rich uses his knowledge, experience, and reputation to maximize recoveries for clients.

 

$950,000 Recovery for Failure to Diagnose Septic Arthritis

Pritzker | Ruohonen attorneys Fred Pritzker and Elliot Olsen recently secured a $950,000 recovery on behalf of a young man who developed septic arthritis eight days following knee surgery.

Pritzker | Ruohonen Newsletter

Pritzker | Ruohonen is now publishing its newsletters online. Sign up today to receive the newsletter via email. Read our newsletters: Feb/March 2008 and April/May 2008.

 

Dental Malpractice: Oral Surgery and Burn Injuries

The FDA has recently stated that poorly-maintained dental equipment has resulted in severe burns. These cases could involve both dental malpractice and product liability claims.

Hospital Malpractice Lawsuits

Hospital malpractice includes any type of medical negligence that occurs in a hospital setting, including errors by doctors, nurses, technicians and other hospital staff.

 

Neurosurgery Errors

Surgical errors are common and can lead to serious injury or death. In an article in the medical journal Neurosurgery that reported on a study of 1108 elective neurosurgical procedures, a neurosurgeon recorded 2684 errors in 87.1% of the cases. 22.6% of the errors were considered major. 78.5% of the errors were deemed preventable.