Health care providers are supposed to provide safe and correct medications to their patients; however, millions of Americans suffer the adverse effects of medication errors. In fact, 1.5 million Americans suffer the consequences of pharmacy medication mistakes annually, according to a study by the Institute of Medicine.
When a health care professional such as a pharmacist fails to act safely—acting in a manner that is below the accepted standard of care—the person who is injured can bring a pharmacy malpractice claim. Sadly, medication errors can have devastating effects on a patient, and the victim or the victim’s family has a right to seek damages.
When filing a malpractice claim, it is important that victims do not miss the window of time they have to bring a lawsuit. This is considered the statute of limitations, which sets a time limit on how long someone has to bring a suit. In Kansas, the statute of limitations on pharmacy errors is two years. This means that a victim of a medication mistake has to file a claim within two years from the date he or she suffered from the medication error, according to Kansas law.
If a person fails to make a claim before the statute of limitations runs out, he or she will not be allowed to bring a legal claim against the negligent professional. However, if the victim is a minor or is incapacitated, the victim has more time to bring a claim. For a victim to have a valid case, the lawsuit must be filed in the appropriate amount of time, and the case must be reviewed by a medical screening panel.
For help pursuing your pharmacy error claim, you should call us for a free consultation or request a free copy of our report, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.