Pharmacists at CVS pharmacies have a duty to dispense medication accurately. If a pharmacist fills the wrong drug or the incorrect dosage, a patient can get terribly sick and suffer serious health complications. Unfortunately, pharmacy mistakes occur more often than people realize. According to research, up to 10 percent of prescriptions involve errors.
While pharmacists are human and all humans make mistakes, when it comes to dispensing medication to patients mistakes cannot be excused. In fact, medication mistakes can constitute pharmaceutical malpractice. However, victims can only hold pharmacists liable for malpractice if they suffered harm or damages as a result of the pharmacy error. If direct harm did not result, then a person most likely doesn’t have the right to a financial recovery.
How to Determine the Validity of a Claim
In order to have a pharmacy malpractice claim, a victim would need to prove that the CVS pharmacist was negligent and show the following:
- Pharmacist had a duty and a legal responsibility to their patients
- Pharmacist breached that duty
- Patient suffered harm as a result of the breach
- Patient’s damages are something the legal system can address
What Is the Next Step?
When the duty of care is breached and the pharmacist failed to meet the standard of care and a victim was injured, a claim needs to be reviewed by an experienced attorney to determine if that victim has a valid claim. A lawyer will conduct a review of the incident and determine if the pharmacist failed to meet the standard of care. If an attorney determines that the victim does have a medical malpractice claim, a legal claim can be filed in hopes of making a financial recovery for the damages incurred.
Whether a victim’s injuries are mild or severe, it is important that the person seek medical treatment, notify the pharmacy of their mistake, keep the incorrect pill bottle and gather other evidence to support his or her claim. A skilled pharmacy malpractice lawyer can help guide a victim through the process, leading to a successful outcome.
If you have suffered an injury as a result of a CVS pharmacy error, we encourage you to contact us today. Even if you aren’t sure you want to hire a lawyer, you should at least request a FREE copy of our book, How to Make Pharmacies Pay for Your Injuries Caused by Medication Errors.