Pharmacy negligence is a subcategory of medical malpractice cases that falls under the same specific rules and laws governing medical malpractice cases. The damages for pain and suffering are capped at $350,000 and other damages are restricted, which makes these cases more difficult than your typical case for personal injuries, such as a car accident.
On the other hand, pharmacy negligence cases are often easier to prove than other medical malpractice cases. There are two very common ways that pharmacists are negligent. The first is providing the wrong medication, not in conformity with the physician’s prescription. Obviously, taking the wrong medication for any illness or condition can be very dangerous and, in many cases, patients wind up hospitalized from taking the wrong medication.
The other common pharmacy negligence is filling a prescription with the wrong dosage of the correct medication. For instance, a physician may prescribe 50mg of a certain medication, and the pharmacy fills the prescription with 500mg. This obviously creates an overdose in the medication, especially when the medication is required to be taken several times per day or multiple pills are to be taken at the same time. As a result, an overdose can be severely dangerous and even cause death.
It is always important for the victim to retain possession of the actual medication, pill bottles, and paperwork received from the pharmacy. Securing a copy of the prescription itself and/or the physician’s records will assist us in determining whether negligence was committed.
It is also vital to create a detailed timeline of the onset of illness and its progression. Documenting as much information as possible will help assist us with your case. Don't take matters into your own hands; trust Edzant Price LLP to be on your side.