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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.

How to Prevail in a CVS Pharmacy Malpractice Claim

Galvin B. Kennedy
Partner at Kennedy Hodges LLP practicing personal injury, pharmacy error, and overtime law

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.