Pharmacies are the final line of defense before a medication reaches a patient. When a pharmacy makes a mistake filling a prescription, the resulting complications can severely injure or even kill a patient.
If a pharmacy gave you the wrong medication or improper dosing instructions, you may have grounds for a medical mistake claim. Reach out to our medication error attorney in Las Cruces for legal assistance.
Common Types of Dispensing Errors
A dispensing error occurs when a pharmacy provides a medication that is inconsistent with the prescription or is otherwise unsafe for the patient. The mistake may involve the drug or dosage, or failures to recognize contraindications or complications from the person who received it.
Common dispensing errors include:
- Providing the wrong medication because two drugs have similar names or packaging
- Dispensing the correct medication in the wrong strength
- Placing incorrect dosage instructions on the label
- Giving one patient medication intended for someone else
- Filling a prescription incorrectly because information was entered into the pharmacy system improperly
- Failing to identify a dangerous interaction with another medication listed in the patient’s profile
- Dispensing an unusually high dosage without contacting the prescribing provider
- Failing to provide required warnings or instructions
Even a minor difference in a drug’s manufacture or dosage can have serious consequences.
Establishing Liability for Pharmacy Negligence
Pharmacists and pharmacies must use reasonable care when filling prescriptions. Reasonable care includes:
- Reviewing the prescription
- Selecting the proper medication and strength
- Labeling the medicine correctly
- Checking for certain safety concerns before providing it to the patient
A pharmacy may be liable for patient injuries due to its failures to take these measures, as well as other violations of the standard of care.
Who Can Be Held Liable for Pharmaceutical Mistakes?
An individual pharmacist may be directly liable for a medication error. However, other parties may share in the liability as well.
Depending on the circumstances, the following parties may be partially responsible for your condition:
- A pharmacy technician who made a mistake entering or filling the prescription
- The pharmacy that hired and managed the workers
- A pharmacy chain whose rules or guidelines led to the mistake
- A hospital or care center that ran the pharmacy
- The doctor who wrote the prescription, if the original order was unsafe or confusing
- A drug company, if confusing packaging or labels played a role in the error
An experienced Las Cruces medical malpractice attorney can help you investigate your care and determine which parties are liable for a mistake-based injury. This, in turn, will reveal which insurance policies are available to pay for your damages.
What to Do If You Suspect a Medication Error
If you suspect you were injured by a pharmacy error, you should keep all original pill bottles, pharmacy receipts, packaging, and doctor’s orders. These items serve as evidence that can prove what happened to you. You should take this documentation to an attorney who can review your case and determine whether you have a valid claim.
If you or a loved one suffered harm from a pharmacy mistake, Coates & Johnson can review your case and explain your legal options. Contact us today to schedule a free consultation.