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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 Pharmacists Be Sued for Pharmacy Malpractice?

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

Pharmacists are much like doctors in the way that they also have a duty of care to provide to their patients. However, they are not supposed to follow doctors’ orders blindly, as they are not meant to be robots that simply fill prescriptions and hand pill bottles to customers. Instead, they are professionals who have a duty to ensure that the medication that is prescribed and the medication they dispense are the appropriate medications their customers need.

Pharmacists used to be able to simply fill prescriptions and hand out the appropriate drugs and directions to customers; however, their role has changed over time. Pharmacists have to review the medication prescribed against other medications the customer is already taking. When pharmacists don’t do this or they don’t review the potential side effects with their customers, they can open themselves up to be sued for malpractice. Even when a pharmacist fills the correct prescription from the doctor, a pharmacist can be sued for pharmacy malpractice because he or she did not ensure that the drug was the correct medication the patient needed.

Unfortunately, physicians do make mistakes when prescribing a patient’s medication. Because society realizes that doctors might order the wrong medication or a drug that interacts with another medication the patient is already taking, they look to pharmacists to double-check the medications prescribed. Because of this, pharmacists have a real responsibility to patients’ safety.

In fact, recent pharmacy malpractice cases nationwide reveal that the public recognizes that pharmacists have responsibilities and obligations to patients—a responsibility to monitor and evaluate prescribed medications and drug therapy for the good of their customers. Because of this, the law also recognizes that pharmacists have an independent commitment to patient safety by creating a positive outcome with drug treatment.

Unfortunately, pharmacists do make medication mistakes that affect patients’ health and safety that include:

  • Not checking the patient’s records for drug interactions
  • Failing to warn patients of potentially harmful interactions
  • Filling the wrong medication
  • Dispensing the wrong dosage of drugs
  • Pushing themselves to fill more prescriptions to increase profits
  • Not providing patient counseling or spending too little time counseling customers

When a pharmacist makes a mistake with a patient’s medication in any of the aforementioned ways and the patient suffers harm, the pharmacist can be liable for pharmacy malpractice. If you suffered injuries, or your family member died, as a result of pharmacist malpractice, please call a Texas pharmacy malpractice attorney at Kennedy Hodges 888-526-7616 for a free consultation today. Also, request a free copy of our report, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.