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Types of Errors

Dangerous and Defective Drugs If you put your trust in a pharmaceutical company and were hurt by their product, you deserve compensation for your suffering.
Wrong Medication Did you receive the wrong medication or incorrect prescription from a pharmacy? If you have suffered because of a medication error please call us for a free case review.
Wrong Dosage Common forms of medication error: incorrect dosage error. Order our free book to learn how to protect yourself and your family from wrong dosage errors.
Other Errors Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors, to learn your rights in prescription error cases.
Kids Rx Errors Order a free copy of The Top 10 Tips to Protect Your Children Against Pharmacy Errors. If you have suffered a prescription error contact our firm today.
Pharmacy Malpractice If you have suffered an injury because a pharmacy dispensed the wrong medication or made an error with your prescription, you are able to file a claim for negligence or malpractice and receive the compensation you deserve.
Walgreens Pharmacy Error Claims There have been numerous claims brought against Walgreens for pharmacy errors or prescription errors. Order our free book to learn how to take action.
CVS Pharmacy Error Claims If you've been injured because of a CVS Pharmacy prescription error, call us for help with your lawsuit at 888-526-7616.
State Pharmacy Boards If you have been severely injured because of a medication error, contact board-certified attorneys immediately to investigate your case free of charge.
Drug & Pharmacy Error Prevention Filing a pharmacy error lawsuit is the only way to make pharmacies take accountability for mistakes. Call our board certified attorneys for a free case review.
State Pharmacy Laws State laws on pharmacy malpractice. Learn the pharmacy error Statute of Limitation laws that apply to your state. Call 877-342-2020 for a free consultation.

When can a victim hold a pharmacy liable for punitive damages after suffering injuries due to a pharmacist’s error?

 

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.

David W. Hodges
Partner at Kennedy Hodges LLP practicing pharmacy error, medical malpractice and personal injury law