New York Medical Malpractice Lawyers
for Pharmacy Malpractice and Prescription Errors
New York is just one of the many states reporting a growing epidemic of dangerous pharmaceutical errors on a regular basis. Pharmacists are legally required to uphold a specific standard of care, just as doctors are. Patients have the right to be given the prescribed medications, in the requested dosage, with adequate instructions and warnings. All too often this just doesn’t happen. New York pharmacies are overburdened with the number of medications being prescribed, and the pharmacists can sometimes make mistakes while trying to keep up. This creates a chaotic environment full of confusion and frustration which is a breeding ground for mistakes. Even something as seemingly insignificant as an incorrect warning label can be disastrous. Unsuspecting patrons can end up mixing dangerous drugs with fatal results. The number of pharmacy malpractice cases is on the rise, and pharmaceutical malpractice attorneys are in high demand.
The attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, have extensive experience in pharmacy malpractice, and they can help you hold a negligent pharmacy responsible for their actions. If you or a loved one have been injured due to an unnecessary pharmacy error, call the aggressive attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, immediately. You may be due financial compensation.
What type of prescription errors constitute pharmacy malpractice?
There are a number of prescription errors or combination of errors that can cause harm to an unsuspecting patient. Pharmacists are under constant pressure to perform their duties quickly and to the best of their abilities. Here are some of the most common prescription errors that cause harm:
- Dispensing the wrong medication – All of the new technology that has been integrated into the workplace commonly makes things easier and safer. However, it can also allow employees and professionals to rely too heavily on technology or machinery.
- Dispensing the wrong dosage – Again, it is easy to rely heavily on technology and pill counters to do the work and fail to check behind them. Many prescription dosages arrive at the pharmacy in similar bottles, and it can be easy to grab the wrong one. Often varying dosages of a medication may look identical.
- Mislabeling – It seems simple enough. However, medications are often mislabeled, and a patient may not be getting what they are actually prescribed.
- Warnings – Many times a pharmacist may fail to put a warning label on a medication altogether, or they may put the wrong warning label on the bottle. Some medications cannot be taken with certain foods, in combination with other drugs, or may have adverse effects on the way a person functions.
- Patient History – A pharmacist must ask certain questions and know a little bit about the patient he/she is dispensing medications to. Patients may be allergic to certain drugs, or they may already be taking something for another condition and the medications may not interact safely together.
Sometimes something as putting the wrong doctor’s name on a prescription bottle can create significant problems. Any number of mistakes behind the counter of an outpatient pharmacy can cause tragedy.
What circumstances lead to prescription errors and pharmacy malpractice?
Unfortunately, most of the cases we see stem from events that could have been easily avoided with proper precautions. Prescription errors can be deadly, whether intentional or not. Here are some of the most common conditions that lead to prescription errors and pharmacy malpractice:
- Understaffing – Most pharmacies are understaffed for their workload. This may be due to an effort to increase profits or due to a lack of qualified pharmacists.
- Students – Many pharmacies utilize students to get the additional help that they need. However, students that are not yet certified pharmacists or certified pharmacy technicians must be closely supervised and should only be allowed to perform certain duties. An understaffed pharmacist may allow students to do more than they should.
- Poor Handwriting – Many times, a pharmacist may not be able to read the handwriting on a written prescription. Rather than calling to verify a prescription, or the prescribing instructions, sometimes they guess.
- Outdated Technology – Technology advances quickly and can be expensive to maintain properly. Many pharmacies rely heavily on technology to perform routine tasks. Unfortunately, equipment may malfunction or simply not work as well as it should.
- Negligence – Human error may lead to prescription errors. Someone may simply not check a prescription they are dispensing or hand a patient the wrong one. Pharmacists are held to a high standard of care and must be diligent in fulfilling that obligation.
If any of these errors caused serious injury or harm to you or someone you love, you may be due financial compensation. The pharmaceutical malpractice attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, are always happy to listen and evaluate a case.
What if a hospital pharmacy made the prescription error?
All outpatient pharmacies are held to the same standard of care by federal and state standards. Whether the medication came from a clinic, a hospital pharmacy, or a public drug store, your rights as a patient do not change.
What damages can I win in a pharmacy malpractice lawsuit?
Every case is different and treated on an individual basis, so the type and amount of damages awarded will be dictated by the specific circumstances of your individual case. It is not uncommon to be awarded damages for related medical expenses, lost wages, disability, and emotional trauma. In extreme cases, punitive damages such as pain and suffering are also awarded.
Call an experienced pharmaceutical malpractice attorney today
If you or a loved one have suffered serious injury due to a prescription error, you may have legal recourse. Pharmacies have a legal obligation to prevent harm to the patients that they serve. You have the right to receive the prescribed medication, in the correct dosage, with adequate and proper warning labels and counseling. If you did not, and it caused harm or serious injury, call the pharmaceutical malpractice attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, immediately. We will investigate thoroughly and utilize experts in the field to prepare the strongest argument available and maximize your claim. You can call the toll free number at (877) 675-4529 to set up your initial consultation or you can fill out our consultation request form and we will get in touch with you shortly. If pharmaceutical negligence caused you harm, we will help you hold the negligent parties responsible and get you the financial compensation that you are entitled to.