Like other medical professionals, pharmacists are trained and trusted to dispense medication correctly. However, mistakes do happen, sometimes with devastating results. Understanding when a pharmacy may be held legally liable is critical if you or a loved one has suffered harm due to a pharmacy error.
In this guide, we’ll explore what happens if a pharmacist makes a mistake, legal options for recourse, and how to protect your rights. At Brockstedt Mandalas Federico, our medication error lawyers are committed to helping patients injured in Maryland and Delaware receive proper compensation for medication errors.
If you suspect your pharmacy made a mistake with your medication, please contact us today.
What Is Pharmacy Malpractice?
Pharmacy malpractice occurs when a pharmacist or other pharmacy staff member fails to meet the professional standards required to ensure patient safety.
These mistakes can lead to severe health complications or even fatalities. Common examples of malpractice include dispensing the wrong medication, providing an incorrect dosage, or failing to advise on potential side effects.
For instance, pharmacy malpractice cases often involve a patient receiving a medication intended for someone else or an incorrect dosage. Such errors can exacerbate a patient’s condition or introduce new health risks, potentially making the pharmacy liable for damages.
Common Causes of Pharmacy Errors
Understanding the root causes of pharmacy errors can provide insight into how they occur. These mistakes are often the result of a combination of human and systemic factors:
- Human error. A pharmacist might misread a prescription, mislabel medication, or accidentally select the wrong drug from the shelf.
- Systemic issues. Problems like understaffing, insufficient training, or lack of oversight often contribute to errors.
- Technology failures. While electronic dispensing systems are designed to reduce human error, they are not infallible. Glitches or incorrect data input can lead to patients receiving the wrong medication or dosage.
- Communication breakdowns. Miscommunication between prescribing doctors and pharmacy staff is a common issue. For example, unclear instructions on a prescription can result in the wrong medication being dispensed.
When Can a Pharmacy Be Held Liable?
A pharmacy may be legally responsible for errors under certain specific circumstances, especially if the mistake results in harm to the patient. Below are some common scenarios.
Dispensing Errors
If a pharmacy dispenses the wrong medication or gives the incorrect amount of pills, it may be liable for any resulting harm. Even a minor dosage error can lead to significant health complications, especially for patients managing chronic conditions.
Failure to Warn
Pharmacies must provide adequate warnings about possible side effects, usage instructions, and drug interactions.
Negligence in Reviewing Prescriptions
Pharmacies must check prescriptions for accuracy, including identifying potential drug interactions or contraindications. The pharmacy may be liable if a pharmacist overlooks a known allergy or a harmful combination of drugs.
Record-Keeping Mistakes
Errors in maintaining patient records can lead to harmful consequences, such as providing a medication the patient is allergic to.
Steps to Take After Experiencing a Pharmacy Error
If you suspect a pharmacy has made a mistake, taking swift action can protect your health and support any potential legal claims. Here are some steps to follow:
- Immediately cease using the medication if you notice an issue, and consult your doctor to assess any potential harm;
- Notify the pharmacy of the issue so it can be documented and investigated;
- Save the prescription, medication packaging, and receipts, and take detailed notes about any adverse health effects or symptoms you experience;
- File a complaint with your state pharmacy board (the Delaware Board of Pharmacy or the Maryland Board of Pharmacy) or a similar regulatory authority.
Reporting the incident can help prevent similar errors in the future.
Can You Sue a Pharmacy for a Medication Error?
Yes, it is possible to file a lawsuit against a pharmacy for malpractice. However, an injured patient must meet specific criteria to build a strong case. To succeed, you must prove four elements:
- Duty of care,
- Breach of duty,
- Causation, and
- Damages.
Not all claims will go to court, however, as the pharmacy may want to offer a settlement. Many pharmacy malpractice settlements involve compensation for medical bills, lost income, and emotional distress. These settlements often avoid lengthy court battles and allow patients to receive fair compensation more quickly.
What to Do if Pharmacy Gives Wrong Amount of Pills?
If you suspect you received the wrong medication or dosage, act immediately. Seek medical attention by consulting a healthcare provider. Preserve evidence by keeping the medication, packaging, and related documents.
If you are considering filing a lawsuit, understanding the laws in your state is essential. Delaware and Maryland have specific regulations governing pharmacy malpractice, including statutes of limitations that limit the time frame in which you can file a claim. Consult with an experienced attorney at Brockstedt Mandalas Federico to review your options.
For a free legal consultation, call (410) 421-7777 or fill out the form below
Trusted Medical Malpractice Representation
If you or a loved one has been harmed due to a pharmacy’s negligence, you don’t have to navigate the legal process alone.
At Brockstedt Mandalas Federico, we have extensive experience handling pharmacy malpractice settlements and lawsuits and take pride in helping clients secure the compensation they deserve. Contact us today to schedule a consultation, and let us guide you toward justice and peace of mind.
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Frequently Asked Questions
What Happens If a Pharmacist Makes a Mistake?
If a pharmacist makes an error that harms you, you may be entitled to legal recourse. Depending on the circumstances, you could file a malpractice claim and seek compensation for damages caused by the mistake.
Where Do I Report a Pharmacy Mistake?
You can report errors to your state pharmacy board. For Delaware, visit the Delaware Board of Pharmacy. For Maryland, contact the Maryland Board of Pharmacy. Filing a complaint ensures the pharmacy is held accountable and helps prevent future errors.
What Do I Do If a Pharmacy Gives the Wrong Amount of Pills?
If you notice the amount of medication doesn’t match your prescription, stop taking the pills and contact the pharmacy immediately. Document the error and consult your doctor to ensure there are no health risks. If the error caused harm, consider seeking legal advice.
The Pharmacy Gave Me the Wrong Dosage—What Should I Do?
Stop taking the medication immediately and contact your healthcare provider to evaluate the potential harm. Report the issue to the pharmacy and keep all documentation, including the medication and receipt. If the incorrect dosage results in injury, you may have grounds to sue.
Can You Sue a Pharmacy for the Wrong Dosage?
Yes, you can file a lawsuit against a pharmacy if the wrong dosage leads to harm.
Phil Federico is a partner at Baird Mandalas Brockstedt & Federico where he helps lead the Mass Tort / Class Action and Environmental Law practices, transitioning into these areas after beginning his career as a medical malpractice litigator.
Phil has led and been involved in historic and groundbreaking litigation with verdicts and settlements exceeding one billion dollars.
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