When you go to pick up your prescription from the pharmacist, you typically trust that the medications you are receiving have been correctly and properly filled. However, this isn’t always the case. Medication mishaps and prescription errors are a common and preventable cause of patient injury in the United States. They occur when a pharmacist makes an error in the prescribing or dispensing of drugs.
Examples include:
- Filling or providing the wrong medication
- Giving an incorrect dosage or strength
- Mislabeling instructions
- Failing to identify harmful drug interactions
- Giving a prescription to the wrong patient
These errors can occur when the pharmacy is filling it the medication or when you are picking it up, or even when you are administering it. They can also lead to a wide variety of health effects, ranging from mild side effects (headaches, dizziness, blurred vision, allergic reactions, etc.) to seeking emergency care to resulting in severe health complications (organ damage or even death).
To successfully bring a case of a medication mishap or prescription mix-up, the following elements of the claim must be met:
- Duty of Care: You must first show that the pharmacist owed you a duty of care. Prior court cases have determined that pharmacists have a higher applicable standard of care, which includes filling a prescription with the right dosage form and in the right quantity and strength with the ordered directions. A prescription error can violate this standard of care.
- Breach of Duty: You must prove that the pharmacist breached his or her duty by giving you incorrect medication or the wrong dose.
- Causation: You must prove that the pharmacist’s mistake directly caused your injury or illness.
- Damages: You must show that you suffered damages due to the pharmacy error which can include: medical bills, lost wages, pain and suffering, inconvenience, travel expenses, other medications and more.
Cases that Quinn Law Centers has handled include where pharmacists have filled the prescription with the wrong medication, have filled the prescription with a much higher and dangerous dosage, and have failed to provide proper instructions.
It is important that you double-check any prescriptions that you pick up from the pharmacy, but u. it is understandable for you to trust that a pharmacist will do his or her job properly and fulfill their standard of care to you. If you believe you have been impacted by a prescription mix-up, you need to stop using the medication immediately and seek medical care. If you have been impacted then contact experienced legal representation to pursue the compensation you deserve. At Quinn Law Centers, we have handled numerous cases with medication errors. Please contact our office with any further inquiries about these services.