Victims of pharmacy errors can collect for medical expenses, pain and suffering, emotional distress, lost wages, and disability. Punitive damages aren’t typically awarded in ordinary negligence cases; however, there are some circumstances that would allow a patient to recover for punitive damages, also known as exemplary damages.
Punitive damages are designed to punish the wrongdoer, such as the pharmacist, pharmacy, or other party that might be involved. Unfortunately, it is very rare that a patient would be able to collect for punitive damages. This is because a patient would have to show that the pharmacy was motivated by profits or the pharmacist salary is dependent on sales—showing that the pharmacy and pharmacist involved were putting money over their patients’ safety.
Pharmacies shouldn’t be allowed to put profits ahead of patient care, but it happens far too often. Because pharmacies are generally structured as corporations, they tend to operate just as any corporation would in that they emphasize profits over anything else. While it is possible to make the argument that a pharmacist disregarded patient safety because he or she was rushing to fill as many prescriptions as possible in order to make more money, it can be difficult to prove. This is why you will need an experienced attorney on your side.
Attorneys with experience in pharmacy malpractice cases know how to conduct thorough investigations, know which experts to hire, and know how to get you the most compensation possible for your injuries and damages. You can learn more about your rights to a pharmacy malpractice lawsuit by getting a free copy of our book, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.