what kind of lawyer do i need to sue a pharmacist

What kind of lawyer do I need to sue a pharmaceutical company?

In order to sue a pharmacist for malpractice, you must have been injured by his or her mistake or poor judgment. An attorney that practices pharmacist malpractice can help you evaluate the strength of your case. Gabrielle graduated with a Bachelor of Arts in Economics from University of Southern California (USC).

Can a pharmacist be sued for negligence?

 · You would want a personal injury attorney who handles pharmaceutical cases. You would need to make phone calls to personal injury attorneys to see who handles this area of the law. You can use the Find a Lawyer tab on this site to assist you, and you should start with Mr. Gansen since he has advised you he has experience in this area. Helpful

Do I need a lawyer for pharmacist malpractice?

A pharmacist's specific responsibilities to patients are a matter of state law, and those obligations differ from state to state. While some states still maintain the old view that pharmacists are only responsible for properly following a physician's instructions in the prescription, other states take a much broader view of what a pharmacist is ...

Can you sue a lawyer for malpractice?

 · When you’re ready to bring the negligent pharmacist in your case to justice for their errors, speak with an experienced Chicago pharmacy malpractice lawyer at Lane & Lane, LLC. We proudly offer injury and illness survivors a free claim assessment where we can further discuss the details of your claim.

What is negligence in pharmacy?

Examples of pharmacy negligence include: Confusing prescriptions. Recommending the wrong dose. Inadequate pharmacy regulations. Absence of counsel or advice patients.

What happens if a pharmacist messes up?

When pharmacy errors lead to harm, the patient may have the right to bring a pharmacy error lawsuit seeking compensation. Pharmacists may liable for malpractice if they dispense the wrong drug, the incorrect dosage or fail to recognize a contraindication with other medicines the patient is taking.

Is medication error a negligence?

Various types of errors by health care professionals can be considered negligence in a medical malpractice case. Some examples include: Administering the wrong medication. Administering the wrong dose of medication (i.e., too little or too much medication)

Can you sue for being over medicated?

Prescriptions can be the basis for a medical malpractice suit. But there's more to malpractice than just a doctor making a mistake. The only way your suit will succeed is if you can prove that your doctor acted negligently in prescribing the medication, a claim which involves multiple elements.

Can you sue a pharmacist for giving you the wrong medication?

Prescription and medication errors can lead to serious injuries and, in some cases, be fatal. In such instances, the injured patient (or their family in the event of a death) may have grounds for a medical malpractice claim against the negligent party.

How often do pharmacies make mistakes?

While estimates vary, it's believed that 1 percent to 5 percent of prescriptions filled in U.S. pharmacies involve some kind of error, says Gerald Gianutsos, an associate professor of pharmacology at the University of Connecticut School of Pharmacy.

What kind of mistakes can result in medical malpractice?

Misreading or ignoring laboratory results, Premature discharge from a hospital, Prescribing improper medication or dosage, or. Failing to account for a patient's health history.

Who is responsible for medication errors?

Who Can Be Liable for Prescription Drug Errors? In a nutshell, anyone and everyone along the chain of prescribing and administering a medication can be liable for prescription drug errors. This includes doctors, nurses, hospitals, the pharmacy departments in hospitals, pharmacists, and the pharmaceutical manufacturer.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

Can I sue antidepressants?

As a general matter, you will have to prove three things in order to win your lawsuit: You were injured. The antidepressant you took causes unreasonably dangerous side effects or the manufacturer, pharmacy, doctor, or others didn't provide adequate warnings or instructions regarding the use of the antidepressant.

Can you sue a doctor for overprescribing antibiotics?

Doctors may feel stuck in the middle when a patient is in serious pain, and that patient demands higher painkiller dosages. A doctor who overprescribes may face not only medical malpractice lawsuits but also criminal charges and even the revocation of that doctor's medical license.

Can doctors overprescribe medications?

Doctors are also incentivized by large pharmaceutical brands to prescribe their drug over others. Physicians can even be rewarded with payments and gifts in exchange for prescribing a particular medication. By allowing this to happen in the industry, profit is being prioritized over patient care.

Paul J Molinaro

There are a few of us lawyers out there who represent clients against pharmaceutical companies, so should one have a case based on a drug causing a problem... one should contact of of these lawyers. - Paul

Dorinda Jo Myers

You would want a personal injury attorney who handles pharmaceutical cases. You would need to make phone calls to personal injury attorneys to see who handles this area of the law. You can use the Find a Lawyer tab on this site to assist you, and you should start with Mr. Gansen since he has advised you he has experience in this area.

Christian K. Lassen II

A defective drug lawyer would be the best bet. Avvo has a great "find a lawyer" tool to locate a local lawyer. Good luck.

Christopher John Gansen

I do pharma cases like this. You'd need experts aka doctors to say that the drug caused the cancer. Usually the drug affected people's livers, not stomachs.

What happens if a pharmacist refuses to dispense medication?

If, for example, the pharmacy's records show that the patient is seriously allergic to a certain medication, the pharmacist would have a duty to refuse to dispense that medication to the patient. Instead, the pharmacist would be required to either contact the patient's physician him/herself or instruct the patient to go back and see ...

What are pharmacists supposed to do?

A pharmacist's specific responsibilities to patients are a matter of state law, and those obligations differ from state to state. While some states still maintain the old view that pharmacists are only responsible for properly following a physician's instructions in the prescription, other states take a much broader view of what a pharmacist is supposed to do.

Do pharmacists ask about allergy history?

If the prescription was for a medication that has a serious and common risk of allergic reaction, the pharmacist might be required to ask the patient about his/her allergy history to try to figure out if the patient might have an adverse reaction to that medication.

Is a pharmacist negligent?

Whether it be dispensing the wrong medication entirely or dispensing the wrong strength of the proper medication, any pharmacist who deviates from the physician's instructions and gives out the wrong medication is almost always going to be found negligent.

Can multiple prescriptions be taken together?

screening multiple prescriptions from different health care providers to make sure that they can be taken together. contacting the patient's health care provider to advise them if, if, in the pharmacist's opinion, the prescription would be harmful to the patient or multiple prescriptions should not be taken together.

What is the job of a pharmacist?

Depending on your state's law, a pharmacist might be responsible for the following additional tasks other than just accurately dispensing the medication that is called for in a prescription: reviewing a prescription in light of the patient's past medical history.

What is the role of pharmacists in healthcare?

Pharmacists play an integral role in our health care system. Pharmacists are entrusted to dispense medications to patients, so their mistakes can have life-altering or life-threatening consequences. In this article, we'll discuss situations in which a pharmacist might be liable for negligence and professional malpractice – and subsequently sued.

What do injury attorneys need to know?

When your injury attorney is calculating the value of your claim, they’ll need to know every way your life has been affected by your injury or illness so that you can get the most out of your claim.

Can a pharmacist be held accountable for malpractice?

Although pharmacy malpractice is less common than your standard medical malpractice claim , pharmacists can make reckless and irrespons ible decisions, too, and when they do, they need to be held accountable.

What to do if you have been injured by a pharmacist?

If you or a loved one has been injured by a pharmacist, you should speak to a lawyer immediately. A personal injury attorney can explain your rights and what types of recoveries are available to you.

What are the defenses to a pharmacist's liability?

There are a number of defenses to pharmacist liability. The first set of defenses is common to all lawsuits: disproving an element of the claim. If the pharmacist can show that he or she had no duty, committed no breach, was not the cause of the injury , or that the patient did not suffer an injury, the pharmacist will not be liable. The pharmacist only has to disprove one element of a negligence claim in order to win.

Do pharmacists dispense medicine?

Pharmacists are trained to dispense medication. Someone who is not a pharmacist almost surely would not know how to do so. Therefore, people put a huge amount of trust into pharmacists to stay awake when they are mixing drugs. Pharmacists are also responsible for checking on medicine prepared by technicians, who are often low-paid and inexperienced. But cases have shown that pharmacists sometimes fail to do so at large and busy pharmacies such as CVS and Walgreens.

How many prescriptions are filled in error?

Research has indicated that up to 10% of prescriptions are filled in error. All of the factors and contingencies may make it seem unjust to excuse a pharmacist for the occasional mistake. And small mistakes that lead to only minor damage may reasonably be excused.

What is medical malpractice?

Medical malpractice is mostly concerned with the mistakes that doctors make when performing a medical procedure. If an average doctor might have reasonably made the mistake, that is, if the procedure was very difficult, then the doctor may not be liable for the mistake. However, if the procedure was very easy, such as the laceration of a boil, or if the error was “gross,” such as performing an operation on the wrong body part, then the doctor will be responsible for the resulting injury.

Can a pharmacist sue a patient for lost time?

Although the pharmacist did not cause the condition and thus deprive the patient of their ability to live, the pharmacist did decrease the ability to recover and/or the amount of time the patient has left. The patient could still successfully sue the pharmacist for lost time or lost chance of recovery.

Is a pharmacist negligent?

For example, a patient who has a life-threatening condition might only be extending the amount of time he or she has by taking medication. If a pharmacist is negligent, the patient no longer has that time. The pharmacist’s negligence did not cause the condition though. In those situations, can the law hold the medical professional responsible?

How to prove negligence in pharmacy?

To prove a negligence claim, you must show that pharmacy representatives failed to use an acceptable level of care in their work. You must show how their failures in care caused your injuries . Although traditional negligence claims are similar to medical malpractice claims, they’re different types of claims with different requirements. Our experienced attorneys can help you determine which claims to bring and how to go about pursuing them.

What happens if a pharmacist doesn't give you instructions?

If the pharmacist doesn’t give you directions, you can suffer harm.

What are some examples of pharmacy errors?

Some types of pharmacy errors include: Bad interactions with other medicine – When the pharmacy gives you medication that causes an adverse reaction when combined with your other medications. Failure to investigate other conditions – Some medicines are incompatible with certain medical conditions.

How to hold a pharmacy accountable for a prescription error?

In addition to medical malpractice claims, another way to hold a pharmacy accountable for a prescription medication error is by bringing a traditional negligence claim. Even though they’re a medical care provider, a pharmacy has the same duties to customers that all business owners have to their customers. A pharmacy certainly has a duty of care to take reasonable steps to go about their business safely.

Do you have to provide notice to a pharmacy?

You must provide notice to the pharmacy of your intent to file a claim. That gives them the option to pursue a settlement with you right away. In addition, you must have testimony from a medical expert that shows how the care provided by the pharmacy falls below acceptable levels of medical care.

Can a pharmacy be liable for medical errors?

A pharmacy claim for medical error depends on professional norms in the local area. If the pharmacy fails to provide their services up to the standard of what a local pharmacy in the area would do, they may be liable to you for medical malpractice. Bringing a medical malpractice claim is different than bringing a traditional negligence claim.

What happens when a pharmacy makes a mistake?

When you think of bringing a claim against a pharmacy when they make a medication mistake, you probably think of bringing a medical malpractice claim. Medical malpractice occurs when your medical care provider doesn’t use the amount of care that a skilled professional ought to use in any given situation.

What to do if your doctor failed to fulfill your prescription?

If you suspect that any of these health care professionals failed to fulfill their legal duties in connection with your prescription, it may be time to discuss your potential case with an experienced medical malpractice attorney. Learn more about Selecting a Good Medical Malpractice Lawyer.

What to do if you have ill effects after taking a prescribed medication?

If you're suffering any ill effects after taking a prescribed medication, the first thing you need to do is talk to your doctor, especially if what you're experiencing is beyond mild, anticipated side effects.

Do you need expert testimony to prove a causal link between the medication error and your resulting harm?

Fifth, you will likely need expert testimony to prove a causal link between the medication error and your resulting harm.

What to do if your claim is based on a failure to warn theory?

Second, if your claim is based on a failure-to warn-theory, you must show that your doctor did not take proper steps to advise you of the side effects or other complications you're now experiencing.

Can a pharmacist be sued for malpractice?

The failure of a doctor, pharma cist or nurse to comply with any of the above-mentioned duties may provide the basis for a medical malpractice lawsuit if certain elements can be proven.

Who administers the correct medication in the proper dosage?

And finally, when prescribed medications are administered by way of an injection in a doctor's office or hospital setting, the nurses and other care providers must administer the correct medication in the proper dosage and with the medically accepted protocol.

Do pharmacists have to read prescriptions?

the medication's known side effects. When pharmacists dispens e prescribed medications, they must correctly read the doctor 's prescription and fill it with the correct medication in the properly-prescribed dosage. And finally, when prescribed medications are administered by way of an injection in a doctor's office or hospital setting, ...

What was CVS accused of?

CVS was accused of disposing medication bottles with PHI , including demographic, medical, and insurance information into open dumpsters behind the stores. The settlement required CVS to establish and implement policies, procedures, and training for disposing of PHI; conduct internal monitoring; and appoint an independent evaluator to ensure compliance, which ended after 3 years.

What was the Walgreens case?

In July 2013, an Indiana jury awarded a $1.4 million dollar judgment against the nation’s largest drug retail chain , Walgreens, for violating HIPAA. A Walgreens pharmacist based in Indianapolis viewed the prescription profile of her husband’s ex-girlfriend (the patient) in Crown Point, Indiana, more than 150 miles away.

Can a pharmacy waive consent?

Another instance where a pharmacy may waive the consent requirement is during an incidental use or disclosure. Usually, if the pharmacy has adopted reasonable safeguards and Minimum Necessary of information is followed, then an incidental occurrence may not be prosecutable.

Can pharmacies use PHI?

During the course of business, pharmacies and hospitals may get signed authorization from patients prior to service, allowing them access to use their PHI during their care.

Can a patient file a lawsuit for HIPAA violation?

A patient cannot use a HIPAA violation as a direct cause of action in a privacy lawsuit. HIPAA creates a right to privacy, not a right to file suit. However, if a HIPAA violation occurs as a result of a breach of duty, negligence, or professional malpractice, then such cases can be brought under state laws.

Is HIPAA a right to file suit?

September 8, 2015. HIPAA creates a right to privacy, not a right to file suit. If a patient’s rights are violated under the Health Insurance Portability and Accountability Act (HIPAA), then the patient does not have a specific private right of action. A patient cannot use a HIPAA violation as a direct cause of action in a privacy lawsuit.

Can a pharmacist access a patient's medical records?

Prior to HIPAA, it may have been a common practice for a pharmacist or staff to access the medical or prescription records of a family or friend out of concern, or access the record of a patient involved in a news incident. These are violations under current laws, and according to your covered entity’s HIPAA policy, they could lead to immediate termination.

What do you need to show when suing an attorney for malpractice?

When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What is breach of duty in a lawyer?

Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

What is malpractice in law?

Instead, malpractice is about an attorney's making mistakes that other attorneys would not have made.