Palm Beach Gardens Pharmacy Error Lawyers

Pharmacists may not prescribe drugs, but since they dispense them, they can be liable for any damages that arise as the result of medication mistakes. The Florida Pharmacy Act details a pharmacist’s precise obligations when interpreting, filling, and dispensing prescriptions.

These obligations include:

  • Assessing every prescription for potential interactions or adverse side effects;

  • Reviewing the drug and dosage to ensure they seem appropriate given the circumstances;

  • Contacting the prescriber if there is any doubt regarding the prescription’s details or legitimacy;

  • Preparing the prescription exactly as ordered; and

  • Counseling patients on taking the medication properly.

If a pharmacist fails to fulfill any one of these obligations, patients who suffer damages as a result may file a personal injury claim against the provider or facility. If you received the wrong drug or dosage when filling a recent prescription and think you might have grounds for a claim, contact Donaldson & Weston.

A strategic medication error lawyer on our team can handle the logistics of your case so you can focus on your health. Call 561-299-3999 to schedule a free consultation with a pharmacy error attorney in Palm Beach Gardens.

Important Elements to Prove in a Pharmacy Error Claim

Although your pharmacist has an obligation to fill every prescription correctly, receiving the wrong drug or dosage does not automatically provide the grounds to sue. If you review the prescription before taking it, for example, and realize the pharmacist gave you medication intended for someone else, you did not actually suffer any damages because of the oversight.

In order to file a successful pharmacy error claim, plaintiffs must be able to prove three elements: that the pharmacist owed them a duty of care, that the pharmacist breached this duty of care, and that they suffered some kind of loss as a direct result. If you can only prove two of the three elements, you will not be able to recover compensation.

Since pharmacists owe a duty of care to every patient, proving the first element is relatively straightforward. You simply have to establish that you were a customer at the pharmacy when the incident occurred.

Proving the second element, or that the pharmacist breached this duty of care, is a bit more challenging. The strongest evidence will ultimately depend on the circumstances of the case.

If the pharmacist dispensed the wrong drug or dosage, the actual medication you received will be adequate proof of a breach when cross-referenced with the prescription. If the provider failed to warn you of possible interactions, on the other hand, you may have to dig up prior prescriptions that you had filled at the same pharmacy. This will prove they had your information on file and should have known which other medications you were taking.

If liability is disputed despite such proof, testimony from medical experts can explain how any complications—and all subsequent damages—were a direct result of the medication mistake in question. As for proving damages, medical records, journal entries, and income statements can provide evidence of losses.