New York Medical Malpractice Lawyers representing people in Pharmacy Negligence Cases
Many people are familiar with the concept of a doctor committing medical malpractice, but few think of holding their pharmacist liable for medication mistakes. However, a pharmacy error can cause serious illness. In some cases, it can exacerbate current health issues and even create new ones. Taking the wrong medication or the wrong dosage sometimes leads to hospitalization, and even death. If you believe you or a loved one is a victim of a pharmaceutical error, give the pharmacy malpractice lawyers a call today.
What constitutes pharmacy malpractice?
Like doctors and other healthcare practitioners, pharmacists must complete years of education and supervised training. For this reason, the law holds pharmacists to the same high standard of care as doctors. A pharmacist must exercise care while dispensing medication or risk facing a pharmacy malpractice claim.
Common occurrences that may constitute pharmacy malpractice include:
- Overlooking possible interactions or allergies
- Dispensing the wrong medication, often one with a similar name or appearance
- Mixing up prescriptions, giving the medication to the wrong person
- Misreading a prescription or misunderstanding dosage
- Dispensing an incorrect dosage
- Mistakes in compounding that lead to improper medications or dosage
- Problems with the usage directions or other information
- Neglecting to print warnings about possible interactions
It is important to note that pharmacy malpractice does not occur every time someone suffers from a medication side effect or drug interaction. While this can constitute negligence, it depends heavily on the specific situation. If most pharmacists with the same level of training and experience would have caught the potential interaction, then there is a good chance you can recover compensation in a claim against the pharmacist.
The best way to learn if you have a viable claim is to discuss your case with a knowledgeable New York Medical Malpractice Lawyer. Pharmacy Malpractice Lawyers of The Rybak Firm, PLLC can help. Call us to learn more: (718) 307-5554.
What elements must exist to have a valid pharmacy malpractice case?
In order to have a successful pharmacy malpractice case, you must have evidence to support your negligence claim. To prove this type of case, there are four specific elements necessary:
- You and the pharmacist had a valid relationship. You trusted the pharmacist to fill your prescription, or otherwise provide medical advice based on your health conditions and prescriptions
- The pharmacist failed to provide the accepted standard of care for pharmacists, i.e., she acted negligently
- This breach of standard of care caused you to become ill, caused injury, or led to your pain and suffering.
- You suffered actual damages because of the pharmacist’s negligence.
Your lawyer will help you collect the evidence necessary to prove these criteria. Depending on the specifics of a case, what type of evidence you need can vary widely. Examples common to many cases include:
- Pharmacy records
- Medical records
- Any remaining pills or packaging from the prescription in question
- Expert testimony from other pharmacists
- Testimony from your doctors
- Medical bills to show financial cost of treating your injuries
- Pay stubs or other paperwork demonstrating lost wages
- Receipts for other related costs
How can I recover damages for my injuries?
The first step in recovering damages after suffering injuries due to a pharmacy negligence is to contact a trusted Pharmacy Malpractice Lawyers familiar with pharmacy malpractice law in New York State. At The Rybak Firm, PLLC, we aggressively pursue negligent pharmacists, ensuring our clients get the compensation they need and deserve.
Once we learn the specifics of your case, we schedule a meeting with one of our trusted pharmacy expert witnesses to verify the proper standard of care and establish that your claim has merit. This is necessary to file a case against a pharmacist under New York law. This also offers leverage as we attempt to negotiate a fair settlement with the pharmacist’s malpractice insurance provider. Often, we can successfully obtain a settlement for our clients without ever going to court.
Contact us today at (718) 307-5554 to schedule a free case evaluation and more information about how to pursue your claim. Remember that you never pay until your case settles, so there is nothing to lose.