Pharmacy Error Lawyers
Pharmacy errors occur regularly in American pharmacies, causing major medical problems, injuries and death to victims. When it comes to unknowingly exposing oneself to risk, few scenarios are as unsettling as the notion of taking the wrong amount, type, or strength of prescription medication. If you or a loved one recently experienced an injury or unexpected death after an error by your pharmacist, the NY medical malpractice lawyers of Edelman, Krasin & Jaye can help you recover the compensation you deserve.
Types of pharmacy errors
A recent study conducted on community pharmacies in the U.K. revealed that out of 50 test prescriptions – each containing a deliberate hidden error – only one out of three pharmacists could actually identify and correct the error. Pharmacy errors can occur in any number of ways, especially considering the sheer number of prescription medications and medical devices available on the market today.
A medical malpractice lawsuit in New York may be based on any of the following:
- Failure to detect possible drug interactions
- Failure to properly counsel patients
- Incorrect chemical compounds
- Incorrect patient instructions
- Misinterpretation of physician’s handwriting
- Failure to clarify physician instructions
- Incorrect dosage
Any one of these errors could give rise to a medical malpractice lawsuit in NY, which can help compensate a victim for the possible injuries associated with a pharmacy mistake. The problems that can occur for victims of pharmacy error can include overdose, a failure to correct the targeted condition, chemical imbalance, unexpected side effects, allergic reaction, coma, or death.
One recent pharmacy error case involved the over-prescription of the blood thinning drug warfarin, which caused the victim to cough up blood and experience severe life-threatening side effects and symptoms.
Issues causing pharmacy error
Pharmacists work grueling hours, processing hundreds of orders per day. Therefore, the sheer volume of work facing many local druggists presents the perfect storm for possible error or oversight. Moreover, many pharmacists – particularly those employed in national or multi-national drug store chains – are required to work overnight graveyard shifts in order to provide customers access to vital prescription medications 24 hours per day. For these reasons, a New York pharmacy error lawsuit may involve the pharmacist’s employer as a named defendant, along with the actual pharmacist responsible for injuring the victim.
With decades of experience successfully representing clients in medical malpractice lawsuits in the five boroughs of New York City and Long Island, our law office can help you win compensation from the pharmacists or other negligent parties that caused your injuries.
Basics of a medical malpractice lawsuit
Medical malpractice is a sub-set of the civil law doctrine known as negligence. In general, negligence is established by showing that the defendant owed a duty of care to the plaintiff, committed some act (or inaction) to breach that duty, and injured the plaintiff as a result. Negligence laws are applied across a number of scenarios, including defective products, personal injury and, in the case of pharmacy error, medical malpractice.
Medical malpractice requires meeting certain nuanced factual and legal thresholds regarding proper protocol in the medical community, which often requires testimony by experts familiar with the particular situation involved in the case.
In the context of pharmacy errors, establishing negligence would require establishing the following:
- The pharmacist owed a duty to the patient to exercise care and caution when measuring, labeling and dispensing medication
- The pharmacist committed some act of misconduct with regard to filling the prescription, including any of the above-listed pharmacy error examples
- The error caused some sort of injury or problem for the patient
One of the most difficult aspects of any negligence action involves establishing causation. In the context of pharmacy mistakes, the plaintiff must prove that the improper dosage or mislabeled bottle directly caused the patient’s resulting medical problem. One of the most common defenses invoked by pharmacies and pharmacists alike is that of a lack of causation, including the proposition that the patient’s medical afflictions are actually a result of the underlying disease or condition and cannot be associated with pharmacy error.
Fortunately, our medical malpractice lawyers are well-versed in rebutting causation defenses and will work diligently to positively affiliate the pharmacist’s error with the victim’s ultimate adverse side effects.
Compensation following a successful NY medical negligence lawsuit
Edelman, Krasin & Jaye works hard to recover all possible compensation for our clients.
If you are a victim of pharmacy error in Manhattan, Staten Island, Brooklyn, Queens, the Bronx or Long Island, we can help you recover the following:
- Medical expenses, including costs associated with your treatment, recovery and rehabilitation
- Lost wages
- Future earnings, if you are deemed unable to return to work
- Compensation for pain and suffering, mental anguish or loss of a loved one
New York laws do not maintain a threshold damages cap for medical malpractice claims, unlike many other states that restrict the amount of compensation a victim can receive. As well, surviving family members of medical malpractice victims can seek comparable compensation under New York’s wrongful death laws, which allow immediate family members the opportunity to recover the costs of a loved one’s final illness, funeral and burial.
Contact a New York pharmacy error lawyer today
Pharmacy errors are inexcusable, and our team of dedicated and respected New York medical malpractice lawyers can help you and your family recover from the financial devastation of what should never have been. For more information, or to set up a no-fee, no-obligation consultation, please contact Edelman, Krasin & Jaye by calling 201-383-1878 today.
- Pharmaceutical-journal.com, Two-thirds of pharmacists miss at least one of five dispensing errors, http://www.pharmaceutical-journal.com/news-and-analysis/news/two-thirds-of-pharmacists-miss-at-least-one-of-five-dispensing-errors-hidden-in-test-prescriptions-study-finds/20066386.article
- News Channel 9, CVS Pharmacy Gives Customer Wrong Prescription, http://www.newschannel9.com/news/top-stories/stories/cvs-pharmacy-gives-customer-wrong-prescription-13069.shtml
- NBC, Prescription for Error? I-Team Investigates Pharmacy Mistakes, http://www.nbcwashington.com/investigations/Perscription-Errors-Pharmacy-CVS-Investigation-246947451.html