When it comes to medical negligence, most of us think of hospitals, physicians or nurses. However, a pharmacist mistake could also lead to injuries. If you have been injured as the result of what you believe is a pharmacist mistake, you should contact an Aurora medical malpractice attorney.A pharmacist mistake can result in serious injury or even death, and should be taken seriously. Such an error constitutes as a very specific type of medical malpractice. If you have been the victim of a pharmacist mistake, speak to an Aurora medical malpractice attorney with experience in handling cases involving pharmacist negligence.
Overview of a Medical Malpractice Lawsuit
In any type of medical malpractice lawsuit, the following factors must be present:
- Medical worker must have had a duty of care to the patient;
- Medical worker must have violated that duty of care to the patient; and
- The violation of the duty of care must have caused injuries.
Any injuries that a patient receives must have been a direct result of medical negligence. Therefore, any type of medical worker could be held liable for damages, including a pharmacist.
What is the Duty of Care for a Pharmacist?
You may be wondering what exactly constitutes the duty of care for a pharmacist. Since a pharmacist’s job is to fill prescriptions, that is their duty of care to you as a receiver of these prescriptions.
No matter if a pharmacist works at a hospital, clinic or a drug store, they are responsible for their duty of care to you if they fill your prescription. If there is a pharmacist mistake and it leads to injuries, they could be held liable.
Violation of a Pharmacist’s Duty of Care
Pharmacists attend college and earn a degree. They are expected to have the ability and the training to correctly fill prescriptions. Since individuals rely upon these prescriptions to treat medical conditions, pharmacists are held to a high duty of care to ensure they properly fill the prescription.
If there is a pharmacist mistake in filling a prescription, they have violated their duty of care.
It is important to recognize that a violation of a duty of care is not enough to warrant a pharmacist malpractice claim. That violation of the duty of care must have resulted in injuries.
Common Pharmacist Mistakes Resulting in Injury
Listed below are some mistakes that a pharmacist may make which could lead to a pharmacist malpractice lawsuit:
- Giving the wrong medication (mixing up patients’ medications, giving a medication that is similar in name to the one they were supposed to receive);
- Providing the wrong dose of medication (too much or too little);
- Giving incorrect directions on how to take the medicine;
- Misreading the physician’s prescription note and failing to clarify what was written (this could also result in the physician being held liable); and
- Incorrectly compounding medication.
These are just some of the mistakes that a pharmacist could make which could cause an individual to file a pharmacist malpractice claim.
Damages that Can Be Received in a Pharmacist Malpractice Case
If a pharmacist is found to be negligent and injuries resulted, they may be held liable for damages. The damages that can be received in a pharmacist malpractice case may include:
- Lost earnings (present and future);
- Medical costs (present and future);
- Disability;
- Emotional affliction; and
- Pain and suffering.
Very rarely can a claimant receive punitive damages since they are meant to not only hold a defendant liable but punish them as well.
If a loved one died as a result of a pharmacist’s mistake there may either be limitations or no provisions for pain and suffering. Only a wrongful death lawyer in Aurora can advise you as to what damages can be recovered in a pharmacist malpractice case.
If you have been injured because of a pharmacist mistake you should contact an Aurora pharmacist malpractice lawyer. They can determine if you have a valid pharmacist malpractice claim and help recover the corresponding damages.
Contacting an Aurora Medical Malpractice Lawyer
At the Law Offices of Barry G. Doyle, P.C, our Aurora medical malpractice attorneys will examine all aspects of your claim, determine liability, and aggressively pursue the full amount of compensation due to you or your loved one for any injuries or loss of life that are the result of medical malpractice. Contact us today for a no cost case evaluation – 312-263-1080.
