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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.

Have you suffered an injury after a prescription or pharmacy error? Get the answers you need to protect your rights

The lawyers at Kennedy Hodges have compiled a list of the most frequently asked questions in response to the overwhelming number of people who have suffered an injury after receiving the wrong prescription, wrong dosage or incorrect instructions for use. If you have been injured due to the negligence of another person, read on to learn how to protect your legal rights.

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  • What should I look for on my prescription labels to make sure my pills are safe?

     

    You and your husband both suffer from heart irregularities. You were diagnosed with bradycardia, a slow heartbeat, while your husband suffers from tachycardia, a fast heartbeat. You always joke that when you’re together your hearts level out and beat as one normal rate, however to actually make that happen you both have to take medications. You take digoxin in order to level out your heart rate, while your husband takes an antiarrhythmic medication to slow down his heart rate.

    Normally, you pick up your prescription a week before your husband picks up his prescription. Not only does this help prevent confusion with whose pill is whose, but it also allows you to remind him to call his in before he runs out. Unfortunately, this well thought out plan failed this month, as a result of your husband going out of town. Instead of the week difference, your husband called in his prescription on the same day that you were picking up yours. Due to the confusion, and the fact that you both have the same last name and address, the pharmacist accidentally gave you his pills instead of your own. Not thinking that this could be a possibility, you paid for them and took them home. Before bed, you absentmindedly popped “your” pill and snuggled into your bed to read.

    It took about 45 minutes before you started to feel funny. You got incredibly dizzy, and couldn’t seem to catch your breath. You were just about to call an ambulance when your husband came home from work with a pharmacy bag. He came into the room laughing that you had apparently picked up his medication by mistake. His laughing stopped as soon as he took one look at you. As he stooped down to take your pulse, you explained that you had taken one of his pills thinking they were your own.

    His face became white as a sheet as he grabbed the phone, dialed 911 and told you your pulse was only 40 beats per minute.

    How could you be so stupid? You’re usually so careful. Why didn’t you check the label before taking the darn pill?

    Checking Label Information Could Prevent a Tragedy

    According to a study performed by the National Institute of Health, 25 percent of all medication errors are attributed to name confusion, and 33 percent to packaging and labeling errors. This means that thousands of people every year are injured, hurt, and even killed because a pharmacy misprinted a label, or they themselves failed to properly check their prescriptions. This is why, no matter how long you’ve been taking a particular drug, or how long you’ve been going to the same pharmacist for your prescriptions, you need to always check the label to make sure you’re getting what you’re supposed to be taking.

    The next time you pick up your prescription make sure you double check the label information for the following:

    • Your name – Make sure that the prescription the pharmacy gave you is actually your own, especially if you have relatives who fill their prescriptions at the same pharmacy. People have been known to accidentally receive prescriptions intended for their siblings, parents, or even total strangers with the same first or last names.
    • Expiration date – Even if you just picked up the prescription, make sure the expiration date is at least a month away before taking it. Mistakes have been known to occur where the pharmacy holds an old prescription—either you forgot to pick it up or it was filled without your knowledge—and accidentally gives you the expired one by mistake.
    • Quantity – Double check that the quantity of pills within the bottle match the amount of days in which you’re supposed to take them. This will help you keep track and make sure you paid the right amount for the quantity.
    • Correct dose – Keep track of all your medication doses in order to compare them to the prescription labels. Always make sure that the pharmacy has given you the correct dose, or has spoken to you if the pills have changed doses and requires you to cut the new ones in half or take more. Verify with your doctor before modifying your dose—no matter what the pharmacy says.
    • Pill description – Sometimes pill manufacturers can change the size, shape, and color of their pills, or your insurance company can switch you from brand name medication to generic, causing your pills to look different. Make sure you compare the actual pill with the description and name on the bottle. Look for descriptions such as “this medication is round, blue and has a “P” printed on it. If the pill in the bottle is green, square, and has PX-17 written on it, you have a problem. Don’t take it, and return to the pharmacy for clarification

    Assumptions Can Be Bad for Your Health

    Although you should be able to trust that your pharmacy is giving you the correct prescription, you should never put your health in the hands of an assumption. Even though it may be annoying, every time that you pick up a new prescription, open a new bottle of pills, or dole out your medication, make sure you double check the label. Individual states are attempting to crack down on pharmacies for a reason, and you don’t want to wind up as just another victim of mislabeling or faulty filling of medications. Check your prescriptions before you take them as an added health precaution.

    Don’t allow your friends and loved ones to suffer the consequences of a pharmacy mistake. Use your social media to like and share this page via Facebook, or tell them to contact us directly to discuss any potential questions or concerns they may have about a recent accident. Remember, they may not know their risks until it’s too late. By clicking the above media icons, you can help prevent a tragic accident.

     

  • Does the law require me to take back my unused drugs?

    There is no state or federal law that requires you to take back your unused medications. However, the Drug Enforcement Administration (DEA) recommends the following methods for disposing of unwanted drugs:

    • Find a local disposal program. Many states and communities have regularly scheduled drug disposal events that make it easy for you to discard your unused medications. These events are often held at pharmacies, police stations, sheriff departments, and even hazardous-waste disposal sites. To find out about disposing of your unused prescriptions, you can ask your pharmacist or call your state board of pharmacy.
    • Dispose of unused medications at home. If there is no drug-disposal program in your city, you can dispose of your unused prescription drugs at home. The U.S. Food and Drug Administration (FDA) recommends checking the label on the medication and following its safe-disposal instructions. While the FDA suggests flushing some drugs down the toilet, that is not the case for all drugs. If you cannot locate instructions on the label or access the FDA’s website for the list of drugs that should be flushed, you can always take your pills out of the container and put them in sealable bag mixed with cat litter or coffee grounds and throw it away in the trash. However, before you do this, you should check with your state pharmacy board to see if it has specific guidelines on prescription disposal.

    In addition to disposing prescriptions in these two ways, there is also a National Prescription Drug Take-Back Day. While the last one just passed in September, there will likely be another one during the spring of 2015. These national days are coordinated by the DEA to provide consumers across this nation with easy collection sites that will take back their pills for free, with no questions asked.  

    By properly disposing of your old prescriptions, you can help ensure that old medicine isn’t taken by mistake. Did this article help you? Please spread the word on Facebook about the importance of properly disposing of unused medications.

  • What is the statute of limitations for pharmacy malpractice in Oklahoma?

    Every state has different statute of limitations that restrict a person’s time period from bringing a legal claim against a pharmacy or pharmacist. Typically, the statute of limitations that applies to pharmacy error cases is found under each state’s medical malpractice laws.

    In Oklahoma, any lawsuit against a healthcare professional must be filed within two years of the date of your injury. This set time limit starts running on the day of your injury. Once two years pass, the statutory period expires and you can no longer bring a legal claim against the pharmacy or pharmacist involved.

    Whether you have suffered harm as a result of receiving the wrong medication or the wrong dosage, you need to file a lawsuit for damages prior to the two-year window. Unfortunately, pharmacists have been known to make transcribing errors, mistake similar sounding drugs for each other, and mix-up patients’ drugs. If you have suffered harm as a result of any of these pharmacy mistakes, you have a right to seek financial compensation.

    By pursuing a pharmacy malpractice lawsuit, you will be seeking justice, just compensation, and a remedy to the wrongful conduct that affected you. Because pharmacy error cases can be complex and need to be filed in a timely manner, it is wise to seek legal assistance immediately so that you don’t miss out on your right to file a pharmacy malpractice lawsuit.

    If you want to learn more about your rights, get a free copy of our report, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.

  • How Do I Notify the State of Kansas About a Pharmacy Error?

    When a pharmacy error such as receiving the wrong medication or incorrect dosage of drugs occurs, it can be shocking. While you may have notified the pharmacy about the error they made, you may be wondering what they are going to do about it. To make sure they take your complaint seriously, you may want to complain to their authorities.

    Every state has a board of pharmacy that monitors pharmacy complaints. To contact the Kansas State Board of Pharmacy, visit the complaint process section on their website and fill out the complaint form. You will then be instructed to mail it to 800 SW Jackson St. Ste 1414, Topeka, KS 66612. Although it is good to report pharmacy errors to the state governing body that handles these issues—ensuring your complaint is logged and accounted for—you need to know that most state pharmacy boards have a hard time launching proper investigations due to staff shortages and lack of funding.

    If you are looking to seek justice or compensation for your injuries and damages, you will need to contact an experienced pharmacy malpractice attorney. State pharmacy boards will not help you seek damages. They are there to make sure pharmacies and pharmacists are disciplined appropriately for their negligent actions. When looking for justice and just compensation, you should make your pharmacy complaint known to a lawyer who handles these types of cases.

    To learn more about your rights and how to hold a pharmacy accountable for your damages, request a free copy of our report, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.

  • Are there state laws regarding my pharmacy malpractice case settling or going to trial?

    There aren’t any specific laws that require all pharmacy malpractice cases to settle or go to trial. Whether a case goes to trial or settles outside of court really depends on case specifics and how the other side responds to the lawsuit. While there isn’t a set standard, most malpractice cases end up going to trial for a multitude of reasons.

    The reason your case may end up in trial typically has everything to do with the pharmacist involved as well as the pharmacy and their insurers and lawyers. The insurance company and attorneys for the other side will typically drag out litigation as long as they can. However, the court will make them participate in a formal settlement discussion with you and your attorney.

    Sometimes, a settlement discussion will lead to a decision in which both parties agree to a dollar amount. However, insurers and attorneys for the other side often don’t want to give victims the amount their cases are worth. This is why pharmacy malpractice lawsuits in most states proceed to trial. It is always a good idea to be prepared that your case could go all the way to trial and know that cases of this nature take around two years—give or take a bit—to resolve.

    It is also critical that you have an attorney skilled in handling pharmacy malpractice claims and knows how to prepare your case for trial in order to get you the compensation you need and deserve. For great legal representation, contact Kennedy Hodges for a free consultation today at 888-526-7616.

  • What are the pharmacy error laws in Oregon?

    In Oregon, you have two years from the date of injury to file a personal injury lawsuit. Every state has its own laws that govern personal injury cases involving pharmacy error.

    There is no federal mandate that requires pharmacies to report medication errors, and many of them go undetected. What’s more, most states only require pharmacy technicians to have a high school diploma before working to fill prescriptions.

    Errors at pharmacies occur every day, including:

    • wrong medication errors,
    • dosage errors,
    • transcribing errors,
    • drug interaction errors,
    • similar-sounding drug names,
    If you need an Oregon pharmacy error lawyer, contact our personal injury attorneys for a free consultation to discuss your case. You can reach us toll-free at 1-888-526-7616, or send us a confidential contact form.

    You can also order our free book, How to Make Pharmacies Pay For Injuries Caused by Medication Errors, to learn more about taking action against pharmacy errors.
     
    Article: Oregon Pharmacists refuse to participate in pharmacy error reporting.

  • Virginia

    Virginia
    Personal Injury: 2 years from date of injury
    Medical Malpractice: 3 years from date of injury

    If you have been harmed because a pharmacist has neglected their duty of care, you may be entitled to compensation. A lawyer who specializes in pharmacy error law can help you start your claim.

    Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors," to learn more about taking action because of a medication error.

  • Washington pharmacy error

    Washington
    Negligence causing personal injury: 3 years from date of discovery
    Personal Injury: 3 years from date of injury
    Medical Malpractice: 3 years from date of injury

    If you have been harmed because a pharmacist has neglected their duty of care, you may be entitled to compensation. A lawyer who specializes in pharmacy error law can help you start your claim.

    Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors," to learn more about taking action because of a medication error.

  • West Virginia pharmacy error

    West Virginia
    Negligence causing personal injury: 2 years from date of discovery
    Personal Injury: 2 years
    Medical Malpractice: 3 years from date of injury

    If you have been harmed because a pharmacist has neglected their duty of care, you may be entitled to compensation. A lawyer who specializes in pharmacy error law can help you start your claim.

    Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors," to learn more about taking action because of a medication error.

  • Wisconsin personal injury

    Wisconsin
    Negligence causing personal injury: 3 years from date of discovery
    Personal Injury: 3 years
    Medical Malpractice: 3 years from date of injury

    If you have been harmed because a pharmacist has neglected their duty of care, you may be entitled to compensation. A lawyer who specializes in pharmacy error law can help you start your claim.

    Order our free book, "How to Make Pharmacies Pay for your Injuries Caused by Medication Errors," to learn more about taking action because of a medication error.