Discuss Your Options with Bill Easterly & Associates
Pharmacists are responsible for compounding and dispensing medications, which means that there is little room for error. One pharmacist’s mistake could cost someone their life—which, statistics show, is a very real possibility. Medication errors result in approximately 7,000 deaths in U.S. hospitals each year, and an additional 1.3 million patients are injured as a result of the same mistakes. Research further indicates that up to 10 percent of all prescriptions are filled in error.
If you are a victim of pharmacy malpractice, you have rights. Just like your doctor, pharmacists too have a legal responsibility to their patients. Contact a Nashville pharmaceutical error lawyer at Bill Easterly & Associates to discuss your case. With more than two decades of combined legal experience and millions of dollars in recoveries, our firm is well-equipped to fight for the level of compensation that you deserve. With us, you don’t pay unless we win your case.
Wondering if you have a case? Set up a free consultation with our firm today at (615) 244-2222.
How to Establish a Malpractice Claim Against Your Pharmacist
If you were injured or a loved one was killed as a result of a medication error, you will need to prove that your pharmacist was negligent. In order to do so, you must be able to establish the following:
- Duty: The pharmacist had a legal responsibility to you as a patient
- Breach: The pharmacist failed to uphold this legal responsibility
- Causation: The pharmacist’s negligence caused you to suffer harm
- Damages: You suffered real damages as a result of their negligence
You would only be entitled to compensation if you could prove that the pharmacist’s negligence resulted in an actual injury, or that it further exacerbated an existing medical condition.
Common Types of Prescription Medication Errors
In Tennessee, some local pharmacies compound certain prescriptions that are not widely available in major chains like Walgreens or CVS, while others simply dispense these medications. Under both of these circumstances, there is room for error. Whether a pharmacist mixes a medication incorrectly or issues the wrong dose, an unsuspecting patient could suffer the consequences.
Some of the most common types of pharmacy errors include:
- Compounding medications with the wrong drugs
- Making a prescription stronger than intended
- Mixing up the names of similar-sounding medications
- Pharmacists failing to supervise pharmacy technicians
- Prescribing the wrong dose of the medication
Issues to Address Before Filing a Medical Malpractice Claim
While pharmacy errors contribute to thousands of deaths each year, it is important to evaluate the validity of your case before you pursue a medical malpractice claim. The first thing that you should look at is whether or not you have suffered any real damages. Were you hospitalized for your injuries? Did the medication error exacerbate an existing condition? If so, you may have a case.
Next, you will need to determine whether or not you actually followed your pharmacist’s instructions—since you wouldn’t be able to sue your pharmacist if you failed to take the medication as prescribed. Finally, you should assess your primary doctor’s own liability. Was your pharmacist simply following your doctor’s instructions? If so, your doctor may be the liable party.
Contact Our Firm Today for a Free Case Evaluation
If you think that you have a case, you should waste no time in contacting a Nashville medical malpractice attorney at Bill Easterly & Associates We provide free initial consultations to all potential clients, so you would have nothing to lose by taking the first step today. The statute of limitations for medical malpractice claims in Tennessee is generally only one year, so timely action is advised.
Fill out a free case evaluation form to learn more about your legal options.