Experienced Injury Lawyers Representing Victims Of Pharmacy Errors Throughout Birmingham, Alabama
Pharmacists have one job: to make sure people get the correct medication in the correct dosage. The failure to do so is considered malpractice when it leads directly to an injury or illness. Providing a patient with the wrong medication, wrong dosage or even the wrong interval can cause serious immediate and long-term injuries.
Misfilled prescriptions often occur when the rushed pharmacist makes an innocent error. This mistake can cost you considerably in terms of medical expenses and loss of wages due to the pharmacy’s error.
Experienced Birmingham Lawyers Who Assist Victims Of Medication Mistakes
At the law office of Salter Ferguson, LLC, in Birmingham, we represent people who have suffered illness or injury due to pharmacy errors caused by negligence. If you or a family member was harmed by a pharmacy error, please contact us to discuss your case. Attorney Karen Salter is a registered nurse and former hospital manager who knows how mistakes can happen in the health care field, including pharmacies. Attorney Carmen Ferguson is a former insurance adjuster who knows how hard insurance companies fight to deny claims brought by injured people. Together, they have more than 30 years of legal experience to put to work on your behalf. Over the years, they have won millions of dollars in financial compensation for injury victims just like you.
Can I File A Lawsuit For A Pharmacy Error?
Pharmacy errors that result from negligence and cause harm to a prescription holder generally qualify for legal action. To pursue a civil lawsuit, an individual must have suffered some type of measurable harm or tangible loss, and those damages must have resulted from the negligent actions of another party. Most pharmacy error lawsuits fall under the purview of medical malpractice law, and it is possible a pharmacy error resulted from a negligent prescription instead of an error with the filling of the prescription. If a physician prescribes the wrong medication and/or the wrong dose, fails to account for any dangerous interactions with the patient’s existing medications, or fails to properly inform the patient of known risks or side effects from using a prescription, the physician commits medical malpractice.
The plaintiff who sustained damages from a pharmacy error must determine which party bears liability for the damages in the claim. Liability may fall to a prescribing doctor, a pharmacy, or even another entity in the supply chain of drug manufacturer to consumer. Some pharmacy error lawsuits uncover dangerous drugs, leading to product liability claims against negligent drug manufacturers or the manufacturers of dangerous or ineffective drugs. A pharmacy error attorney is the best resource for determining the liable parties in any pharmacy error case.
Common Types Of Medication Errors
We represent clients who have been injured by errors at pharmacies in hospitals, at large pharmacy chain stores and at small neighborhood drug stores for errors such as:
- Wrong interval. Prescribing doctors must be very clear about their directions for taking a medication. Some medications only work appropriately if taken with food and/or water, and taking dosages at the proper times also ensures effectiveness. Failing to note the correct interval for a drug could lead to an overdose or cause other medical complications.
- Wrong or missing warning labels. Drug manufacturers and all other entities involved in the supply chain of a drug must ensure drugs have appropriate labels and safety warnings. For example, if the manufacturer fails to include a list of possible side effects and dangerous interactions a drug may cause, the manufacturer may face product liability claims if those drugs harm users.
- Wrong or missing instructions. All product manufacturers must include clear instructions for use with every product they make, and prescribing physicians and pharmacy employees must ensure every prescription comes with thorough and accurate instructions for use.
- Failure to warn of interactions with other drugs. A prescribing doctor must check a patient’s record of existing medications and assess his or her over-the-counter medicine use before providing a prescription. The prescribing doctor should carefully warn the patient of potentially dangerous interactions with other drugs, and the pharmacy should include thorough warnings with every filled prescription.
- Wrong dosage. Some medications are effective in a particular dosage and dangerous or even fatal with too high a dose. If a prescribing physician makes an error with a dosage, liability would fall to him or her if the prescription wound up harming the patient. If a pharmacy erroneously fills a prescription, the pharmacy would incur liability. For example, if a doctor prescribes 100mg tablets of a medication but the pharmacy fills the prescription with 1000mg tablets by mistake, this could lead to a potentially fatal overdose.
- Wrong medication. Many medications have similar-sounding names. Prescribing doctors must be sure to write their prescriptions legibly and spell the name of the prescribed drug correctly. Even a letter or two off could constitute negligence if the patient receives the wrong drug. Pharmacies must clarify any discrepancies with prescribing physicians and fill all prescriptions exactly to prescribing doctors’ orders.
We will listen to you explain what happened, then describe your legal options and explain how we can help. If you select us as your legal representative, we will work diligently to obtain full compensation for your losses, including pain, suffering, current and future medical costs, and loss of income or wages.
Most Common Causes Of Pharmacy Errors
Most pharmacy errors occur due to miscommunication. A doctor may fail to adequately communicate the risks and benefits of a particular prescription with a patient and expose the patient to unnecessary risks. Patients also have a responsibility to be honest with their doctors about their drug use and other habits.
For example, if a patient needs a medication that includes a severe risk of fatal interactions with opioids and the patient does not disclose his or her heroin use to his or her doctor, the potentially fatal interaction of the heroin and his or her prescription would not implicate the prescribing doctor. The patient did not honestly report his or her substance abuse, which would have been a very important factor in the prescribing doctor’s decision to prescribe that particular medication.
Miscommunication between prescribing doctors and pharmacies can also easily lead to pharmacy errors. For example, if a pharmacist misreads a prescription or fails to double-check the prescription strength listed on the order and fills the order incorrectly, this could easily result in harm to the prescription holder. Other possible reasons for pharmacy errors include poor training, inexperience, failure to follow established drug prescription protocols and simple negligence.
We Treat You Like Family & Help You Get Compensated For Your Pharmacy Error Injuries
Throughout the process, you can rely on us to provide exceptional client service. We treat every client as we would a close friend or family member. Your calls and other communications will be returned promptly. You will be kept up to date on developments in your case. We will be there for you to answer your questions and concerns.
Free Initial Consultation With An Experienced Birmingham Pharmacy Error Lawyer!
It costs you nothing to learn if you have a case. To arrange a free initial consultation with a member of our legal team, contact our personal injury law firm online to speak with a dedicated member of our firm. You can also call us at 877-653-9655. We offer a flexible appointment schedule to accommodate your medical appointments and your employment commitments. We will also schedule home or hospital visits when you are unable to travel to our office. From our office in Birmingham, we represent people injured by pharmacy errors throughout Central Alabama.