When you go to the doctor, you’re hoping he’ll help you get well. Whether you’re hurt or just feeling sick, doctors are supposed to make you feel better. So, when they do something that makes you sick, it can be scary.
Can You Sue a Pharmacy for Giving You the Wrong Prescription in Crestview, Florida?
The quick answer? Without a doubt.
You may sue a pharmacy for any losses incurred as a consequence of obtaining a different prescription than recommended or any other mistake.
In fact, suing a pharmacy for providing the incorrect prescription, dose, or directions is critical. It not only gets you the monetary compensation you deserve, but it also holds pharmacies and pharmacists responsible for their negligent acts and may help avoid hazardous, perhaps fatal mishaps in the future.
There are different situations in which you can end up with the wrong medication. No matter how it happens, the results can be disastrous. Depending on the kind of drug that is given to you, you could get sick or even die.
Some of the dangers caused by prescribing or filling the wrong medication include:
- You could be allergic to the medication
- You may be on another medicine that can’t be mixed with the wrong medication
- You may have a bad reaction to the drug
- You may have a heart condition or other illness that responds poorly to the medication
- You may have a history of addiction that prevents you from taking certain kinds of narcotics
No matter what the result, you may have a claim against multiple parties. This is why you need to call a personal injury lawyer in Crestview, Florida.
Your Doctor May Prescribe the Wrong Medication
When you go the emergency room or doctor’s office, you will be seen by a doctor. The doctor will examine you and get your medical history. He’s responsible for making sure he doesn’t prescribe you a medication that will interact poorly with a drug you’re already on.
If you tell the doctor what medications you’re allergic to, it’s his job to avoid prescribing these drugs. However, if you don’t tell him you’re allergic, or if you’re not conscious, he can’t be expected to know this information. The emergency room normally won’t have access to your medical records.
If you visit a doctor’s office, he should have your medical records. There's no excuse for him prescribing you a medication you’re allergic to. Nor is there a reason why he wouldn’t know about potential drug interactions.
The Pharmacy May Fill Your Prescription with the Wrong Drug
Despite the fact that there is no reason for a pharmacy to make a mistake while filling your prescription, they continue to fail. There are various causes for this, including:
Increasing Profits by Cutting Costs
CVS, Walgreens, and other large pharmacy chains may be multibillion-dollar corporations, but they continue to try to increase profits by cutting costs – most commonly by hiring untrained pharmacy technicians to do the work of licensed pharmacists or by hiring fewer pharmacists than is required for the workload.
American pharmacies now employ just 240,000 pharmacists to complete 4 billion prescriptions every year. This results in harried and exhausted pharmacists attempting to accomplish numerous responsibilities. They just do not have the time to double-check the patient's identity, medicine, and dosages.
Inadequate Quality Control Systems
Pharmacies that do not have a sound prescription filling system in place that checks and rechecks for errors from start to end are asking for problems.
Poor workflow methods allow for mistakes at every level without the pharmacists' complete attention. Pharmacies must utilize systems that automatically verify and double-check for mistakes. Otherwise, errors in computer input of the provider's information, verification of the patient's phone number, address, and birth date, medicine and dose, pill counts, and label instructions might occur. Mistakes in any of these areas may result in the wrong medicine being given to the wrong patient, the wrong dosage being given, or the wrong instructions being given.
Poor Communication Between You and the Pharmacist/Doctor
Overburdened pharmacists who fail to discuss dose or prescription instructions with the prescribing physician may make errors. Pharmacists should only fill a prescription if they are confident of the drug, dose, and instructions specified by the doctor.
Many pharmacist errors arise when they are unable to comprehend the doctor's instructions, make a rapid guess, and fill the prescription in order to complete their task quicker.
All of these may be considered carelessness on the part of the pharmacist by the courts.
Furthermore, certain incidences of pharmacist mistake may be considered malpractice. Doctors may submit incorrect instructions or doses for pharmacists to fill. A doctor may prescribe a prescription without first checking the patient's medical record for other medications that might create dangerous drug interactions or past reports of allergies. In such instances, the physician may be committing malpractice.
The Pharmacy May Give You Another Patient’s Medications
People do make mistakes. If the pharmacy gives you the wrong prescription, they can be held responsible for any injuries that ensue. You’ll also be expected to use common sense. If the wrong label is on the bag or bottle, you should notice it.
Most people know what drugs their doctor prescribed them. In fact, most prescriptions are just refills of medications that patient’s already on. So, when you see the label is for something else, you should bring it to the pharmacist’s attention.
If the patient is elderly, they probably won’t be held to as high a standard as another customer. We can reasonably expect that an elderly customer won’t be as scrutinous of their prescription label as other people.
The following are examples of common pharmaceutical mistakes that qualify for financial compensation:
The Pharmacy Misled Me Medication
Overworked pharmacists and untrained pharmacy staff regularly mix up medications with identical names or packaging, according to studies. A 10-year analysis of pharmacy dispensing mistakes found that 43.8 percent of pharmacist liability claims resulted from patients obtaining the incorrect medicine, most often owing to a name mix-up. If you've experienced harm because the pharmacist gave the wrong medication, consider consulting a personal injury attorney for legal guidance.
The Pharmacy Gave Me the Incorrect Drug Dosage
According to the same 10-year research cited above, patients obtaining the incorrect dosage of a drug accounted for 31.5 percent of pharmacist responsibility claims. Several recent incidents highlight the potentially fatal effects of these errors.
The Pharmacy Gave Me the Incorrect Instructions
Most of us depend largely on the directions contained on our prescription bottles, particularly if the medication is new to us. The incorrect directions on a medication bottle might be quite harmful.
The Pharmacy Provided Me Medication for Someone Else
When pharmacies give you someone else's prescription by mistake, they are responsible for carelessness. This sort of pharmaceutical blunder occurs more often than one may assume. When there is more than one patient in the system with the same name or birthdate and the pharmacist does not double verify that the drug fits the ailment, fatal errors might occur.
These errors are especially prevalent when ordering drugs from online pharmacies (also known as internet pharmacies or mail order pharmacies). These pharmacies employ databases that include information for large numbers of patients, which increases the probability of overlapping names and birthdates.
The Pharmacist Did Not Discuss My Medication with Me
Pharmacists must offer to explain the terms of your prescription each time you go to get one filled, even if you have previously taken it. If the pharmacist does not provide a counseling session or does not address all of your prescription-related inquiries, the drugstore may be held accountable for carelessness.
Pharmacies are Required to Provide You with the Correct Prescription
Most of us have "pick up medicines" scribbled on our to-do list with a slew of other activities. We rush through the drive-thru or attempt to multitask on our phones while waiting in line at the drugstore.
We don't take the time to double-check if our medicine is accurate. That is not our responsibility. The majority of Floridians are neither pharmacists or physicians. It is not our responsibility to ensure that the drug, dose, and instructions are right.
Florida pharmacies, pharmacists, and pharmacy technicians are required to do the following:
- Follow any FDA recalls and medicine alerts, and remove any expired pharmaceuticals from the shelf.
- Check if the doctor prescribed the right medication, dosage, and quantity.
- Ascertain that the container contains the right medication and dosage.
- Check that the label has the right patient, medicine name, dosage, and instructions.
- Examine patient profiles for medication interactions, allergies, and contraindications.
- Inform patients about the medicine, its correct usage, potential adverse effects, and drug interactions.
If a pharmacy, pharmacist, pharmacy technician, or prescribing doctor fails to follow these standards, the patient and their family may sue for damages. The court may award damages for the following:
- Medical costs as a consequence of the pharmacy's inaccuracy
- Wages lost due to missing work or job loss
- Disability as a consequence of the pharmacy's error
- Suffering and pain as a consequence of the pharmacy's inaccuracy
- Loss of family income as a result of wrongful death
Frequently Asked Questions
Can you Sue a Pharmacy for Giving You the Wrong Dosage?
Yes, you can sue a pharmacy for providing you with the wrong dosage of medication. When a pharmacy makes errors like dispensing an incorrect dosage, they can be held legally responsible for any harm or damages that result from their mistake.
Can you Sue a Pharmacist for Not Filling a Prescription?
Yes, you can sue a pharmacist for refusing to fill a prescription, but it depends on the circumstances. Pharmacists must follow ethical and legal guidelines when making such decisions. If their refusal is unjustified and causes harm, you may have grounds for a lawsuit.
Can You Sue a Pharmacy for Wrong Medication?
Yes, you can sue a pharmacy for providing the wrong medication. If you've suffered harm due to receiving the incorrect prescription, you may have a valid legal claim. It's essential to consult with a personal injury attorney experienced in pharmacy-related cases to understand your rights and pursue appropriate legal action.
Contact a Personal Injury Lawyer in Crestview, Florida Today
If you or your loved one have been injured due to a prescription error, you need help. You should call and speak with a personal injury lawyer in Crestview, Florida right away. You may have a claim against multiple parties.
Some of these parties may include:
- Urgent care clinic
- Store housing the pharmacy
Call today and schedule your free initial consultation with an experienced personal injury attorney in Crestview. He can review your case and let you know what it may be worth. He can also answer any questions you may have.
The consultation is free and you pay nothing until you settle your case.