If a pharmacy provided the wrong medication or the wrong dosage of the right medication and you were harmed from the incorrect prescription, you have a legal cause of action against the negligent pharmacy. Even if the doctor’s original prescription was incorrect or unclear, a pharmacist has a duty to contact the physician and clarify the correct prescription before dispensing any medication to patients.
In order to have a valid pharmacy malpractice claim for damages, you have to establish:
- That negligence occurred and a pharmacist breached a duty of care.
- What went wrong (i.e. you received the wrong medication or wrong dosage of drugs).
- What health consequences and physical and financial damages occurred—past, present, and future damages.
When a pharmacist provides an incorrect prescription that results in harm, the pharmacist and pharmacy should be held liable. Unfortunately, more and more pharmacy errors are occurring as more pharmacy technicians are handling most of the prescriptions at pharmacies. Even if the pharmacist on duty did not fill the prescription that caused you harm, the pharmacist has an obligation to supervise and check each prescription before a patient receives any medication.
My office handles pharmacy malpractice cases in Texas and throughout the nation. To speak with an experienced attorney about a potential pharmacy malpractice lawsuit, call us for a free initial consultation. You can reach Kennedy Hodges at 888-526-7616 and find out the answers to your questions. You can fill out a form on our website to receive a FREE copy of our report, How to Make Pharmacies Pay for Your Injuries Caused by Medication Errors.