Injured by a Florida Pharmacy Error – What Can You Do to Fight Back?
June 7, 2018
If your Florida pharmacy has made a significant mistake that caused you serious injury, you can fight back with the help of a qualified attorney. In this post, we’ll detail what duties pharmacists have when dealing with patients and what options are available to you.
Pharmacist Duties in Florida
When you go to the pharmacy to receive a prescription, you place your trust in the pharmacist and staff to know what they are doing. Here are the duties a pharmacist has to patients:
- Looking over your medical history before handing you the prescription
- Understanding potential interactions with other drugs you may be taking
- Talking with your doctor about any concerns
- Letting you know the possible side effects of a drug
- Asking you if you have any questions about the prescription
- Making sure they provide you with the correct medication, including potency and dosage
- Making sure the instructions/label on the medication are correct
You should be able to trust that the medication you receive is accurate and beneficial to you. If the pharmacist fails in any of his or her duties, you may be able to file a pharmacy negligence claim for the injuries you experience.
Common Florida Pharmacy Mistakes
These are the most common mistakes for which pharmacists can be held liable:
- Dispensing the wrong medication, dosage, or potency
- Using the wrong label
- Failing to notice a manufacturer’s alteration of a medication
- Failing to know your medical history or allergies
- Failing to account for multiple prescriptions to prevent interactions
If you experienced injury due to any of those mistakes, you may be able to file a personal injury lawsuit against the pharmacist and possibly other parties.
What to Expect When a Mistake Occurs
Most pharmacies today will have a policy in place to handle mistakes. If you point out a mistake to your pharmacy, you may be asked to return the medicine for a free correction. You may be offered a coupon or refund for your purchase. You can reasonably expect to be treated with respect after a pharmacy error occurs.
Understand that pharmacists and their staff may not be able to respond in certain ways to potential legal concerns. They may not apologize or explain the reasons for what happened, and they may not say what they will do to prevent it from happening again.
Know that if you want your rights protected in the matter, you may need to consult with a skilled attorney with experience in pharmacy error cases.
When You File a Florida Pharmacy Error Lawsuit
If you decide to file a lawsuit, your lawyer will conduct an investigation into the facts of the incident. Your attorney’s job is to determine who can be held liable for your injuries.
To receive compensation for your injuries, he or she will need to prove negligence on the part of the pharmacy. A successful negligence case involves proving four elements:
- Duty—The pharmacist was responsible to you
- Breach—The pharmacist acted irresponsibly
- Cause—The pharmacist’s irresponsible act caused you injury
- Damages—The injury caused you to incur damages.
Many other cases involving pharmacy errors are winnable with the help of a skilled Florida pharmacy negligence attorney. If you have been seriously injured by a pharmacy error, it can wreak havoc on your live and result in extensive damages in the form of medical bills and more. To get your life back on track, you need help from an experienced attorney who will fight on your behalf.
Get in touch today for a free case review with a skilled Florida personal injury attorney. We will fight to help you secure financial compensation for your losses.
About the Author:
Lawlor, White & Murphey in 1998. Since 1995, Mr. Lawlor’s trial advocacy and litigation skills, as well as his wide-ranging legal expertise, have provided plaintiffs and their families with a distinct advantage when seeking financial compensation and justice for injuries caused by the negligence of others. Mr. Lawlor is an EAGLE member of the Florida Bar Association and an active member of the American Association for Justice, the Broward County Justice Association, the American Civil Liberties Union (ACLU), and several professional associations.