Are There Deadlines for Filing Pharmacy Error Lawsuits?

November 21, 2019

by ogkdev

personal injury attorney

Yes. In the state of Florida, there are strict time limits within which tort lawsuits must be filed. These time limits are prescribed in the statutes of limitations (SOLs).

While there are several factors that may influence the statute of limitations that applies to your case, your personal injury attorney the typical deadline for filing a medical malpractice lawsuit is two years from the date when the cause of action accrued. This is usually the date when the medical negligence occurred; however, there are scenarios when the clock doesn’t start ticking until the cause of action was discovered or should have been discovered. That means if you did not find out that the error occurred for several weeks or months after the fact, the two-year time limit might start on the date of discovery.

Under some circumstances, the statute of limitations is delayed, or “tolled.” This may happen if the defendant concealed evidence related to the pharmacy error—for instance, by altering patient records. There is also a different deadline that may apply if the victim was a young child.

You may be wondering, “What if I try to file the lawsuit after the statute of limitations has passed?” Unfortunately, missing the lawsuit filing deadline will almost certainly lead to the dismissal of your case; however, because there are many exceptions to the typical SOL, you should speak with a Wellington pharmacy error personal injury attorney to find out if you might still be able to pursue damages.

What Compensatory Damages Might Be Available in a Pharmacy Error Case?

There are all sorts of costs—both direct and indirect—that the victim of a pharmacy error might incur. The objectively calculable financial expenses are called “economic damages” while the subjective impacts of the tort are called “non-economic damages.” Together, economic and non-economic damages are called “compensatory damages.” These are distinct from punitive damages, which are awarded in some cases as a punitive measure against a defendant who acted with intentional misconduct or gross negligence.

Your Wellington pharmacy error personal injury attorney can assess your situation and conduct an investigation to find out the kinds of damages you may be able to pursue. The list below highlights the compensatory damages that might be recoverable in a pharmacy error lawsuit:

  • Healthcare costs that the victim has incurred as a result of the tort, as well as the medical expenses that are reasonably certain to accrue in the future as a result of the tort;
  • Income lost by the victim during recovery, as well as any loss of future income;
  • Lost benefits;
  • Property repairs (if, for example, the victim crashed his or her car due to adverse drug side effects);
  • Home modifications, domestic help, and other economic damages;
  • Pain and suffering;
  • Loss of consortium (a claim brought by the spouse of the injured party);
  • Emotional distress; and
  • Hedonic damages.

Pharmacies, drug manufacturers, and their insurance companies have considerable resources to dispute the claims that are brought against them. At Donaldson & Weston, we can make sure your claim accounts for all damages that might be recoverable, and we won’t settle for anything less than you deserve. Call 772-266-5555 to speak with a personal injury attorney or fill out our Contact Form to schedule a free case evaluation with a truck accident lawyer in Florida.