The following pharmacy malpractice information is provided by Fred Pritzker,senior partner of a nationally-recognized lawfirm. 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 and Eric Hageman have been named “Super Lawyers” by Law & Politics magazine. Call 1-888-377-8900 to request a free consultation.
Pharmacy Malpractice Lawsuit: Proving Your Case
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 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 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 lawsuit, please call us toll-free at 1-888-377-8900 or submit our free consultation form. WE DO NOT GET PAID UNLESS YOU DO.
Read about Walgreens prescription error and lawsuit and a CVS lawsuit. There have been a number of claims against pharmacies involving prescription errors, including wrong medication, wrong dose and mislabeling.
To contact a lawyer about your pharmacist malpractice case, please call 1-888-377-8900 (toll-free).