In order to protect patients from harm caused by the negligence of pharmacists, Texas law imposes certain regulations on the industry. For example, a pharmacist may not dispense the wrong drug, dispense the wrong dose, or provide incorrect instructions with regard to a medication. Patients must be properly counseled as to the use of the drug, including its name, description, dosage, duration of administration, special considerations and side effects, and common severe effects. Pharmacists must also advise patients of common severe side effects and the proper means for storing the drug.
Important Deadlines Relating to Pharmacy Malpractice Actions
Despite these requirements, mistakes can, and do, occur. These errors can lead to significant harm to patients. As a result, the patient may be entitled to pursue legal action against the pharmacist or pharmacy. If you were injured as a result of a pharmacist’s error, it is important to understand the deadlines that you face when considering a lawsuit. Texas law imposes the following important deadlines:
- Victims have two years from the date that the alleged negligence occurs in order to file a lawsuit against a pharmacist.
- Victims must send out a notice letter at least 60 days before the lawsuit is filed.
- If the notification letter is sent prior to the end of the two-year statute of limitations deadline, an additional 75 days is added to that time period.
Pursuing legal action against a pharmacist requires the guidance of a knowledgeable legal professional. Your attorney can advise you as to whether your pharmacy malpractice case is likely to settle or go to trial. We encourage you to contact us today for more information at 888-526-7616.