Proving Your Pharmacy Malpractice/
Wrong Prescription Lawsuit

The following pharmacy malpractice information is provided by Pritzker Olsen, P.A., 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, Elliot Olsen and Eric Hageman 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 prescription error lawyer at the firm regarding a pharmacy malpractice lawsuit, please call 1-888-377-8900 (toll-free), e-mail our attorneys, or sumbit our free case review form.

Pharmacy Malpractice Lawsuit: Proving Your Case

Pritzker Olsen Attorneys represent people from around the United States who suffer harm as a result of pharmacy malpractice.

In order to obtain compensation for a client in a pharmacy malpractice lawsuit, we have to be able to prove three things:

The pharmacy committed malpractice by giving you the wrong medication or giving you the right medication but in the wrong dosage;
The pharmacy error caused symptoms and problems that you would not have suffered had you received the correct medication/dosage; and
The nature and extent of the harms and losses you suffered as a result of the error.

Proving the first element is fairly easy. This involves comparing the prescription written by the doctor with the actual prescription you received. Since the pharmacy is charged with filling the prescription as written by the doctor, the failure to do so is usually the fault of the pharmacy.

Proving “causation” – that the error caused harm – is often more challenging, especially in cases where there is no death or serious injury. In other words, we have to be able to prove the pharmacy error was a substantial factor in bringing about a change in condition that would not have occurred in the absence of the error.

The third element, proving the nature and extent of the harms and losses you suffered as a result of the error, is a more practical issue, especially if there is no long –term damage. Practically speaking, the expected recovery has to be significant enough to justify the time, risk and expense of bringing a claim.

In proving causation and the extent of damages, we usually need the testimony of a physician willing and able to state that you were injured as a result of the pharmacy error. In other words, have you been to the doctor as a result of the pharmacy error and, if so, will the doctor testify that you suffered harm as a result of that error? Unfortunately, in the absence of such testimony, it may be difficult to pursue a claim on your behalf.

If you would like to discuss a pharmacy malpractice lawsuit, please call us toll-free at 1-888-377-8900, email us at fhp@pritzkerlaw.com or submit our free consultation form. WE DO NOT GET PAID UNLESS YOU DO.

Pharmacy Malpractice Attorney

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

Read about Walgreens prescription error and a Walgreens lawsuit and a CVS Pharmacy lawsuit. There have been a number of claims against pharmacies involving prescription errors, including wrong medication, wrong dose and mislabeling.

You may also complete our Pharmacy Error/Malpractice Questionnaire.

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Proving Your Pharmacy Malpractice/ Wrong Prescription Lawsuit