Medical Malpractice

Pharmacy Liability

According to the American Medical Association and the Institute of Sciences, more people die each year from errors in faulty administration of prescription medication than from job-related injuries.

These medication errors can be the result of any of the following:

  • Dangerous drug interactions
  • Incorrect dosage
  • Administering the wrong medication

Some of these errors occur during surgery or under the direct supervision of a physician, in which case the likely course of legal action is a medical malpractice suit. In many cases, however, patients are injured as a result of pharmaceutical error.

Pharmacist liability

A pharmacist is a trained medical professional tasked with accurately filling patient prescriptions. The duties of the pharmacist, however, do not end at simply following physician instructions.

A pharmacist is responsible for:

  • Accurately disclosing appropriate usage, including warnings, on the label
  • Properly filling the prescription with the right drug at the right dosage
  • Warning the patient of potential interactions with other drugs
  • Answering the patient’s questions about drug usage, contraindications or dangerous uses, and interactions

According to a study done by Auburn University in 2003, almost 1.72%, or almost one in every 55 prescriptions contained some sort of error. According to a 2006 report by the Institute of Medicine, these pharmaceutical errors injure 1.5 million Americans every year, at a cost of $3.5 billion annually.

If you or a loved one has suffered damages as a result of a pharmacist error, you may be entitled to compensation for your injury. Contact us today for a free, no-obligation consultation.


Misfills are the most common type of pharmacist error. Errors classified as ‘misfills’ include:

  • Dispensing the wrong medication. When the wrong medication is prescribed, the patient may not only suffer from the detrimental effects of the incorrectly administered medication, but he or she could also suffer damages from lack of the proper medication.
  • Dispensing the wrong dosage of the right medication. When doses are incorrect, patients might suffer from either an overdose or insufficient medication.
  • Mislabeling the prescription with incorrect information. When medication is mislabeled, it can create confusion and dangerous interactions if the patient seeks medical attention while using the drug.

Any of these errors can lead to serious injury and even death for the patient.

What types of problem can pharmacists be found liable for?

Pharmacists are trained health care professionals, and are held to certain standards of duty by the state they operate in. Some of the most common causes of pharmacist liability include:

  • Dispensing the wrong medication
  • Dispensing the wrong dosage
  • Failing to sufficiently warn patients of harmful effects and drug interactions
  • Other labeling errors

What is a ‘misfill’?

A ‘misfill’ is the common term used to describe a prescription that is filled incorrectly, including incorrect medication, incorrect dosage, or errors in the dosage instructions and other information on the label.

Is pharmacist error a big problem?

Yes. According to various sources, as many as 5% of all prescriptions are incorrectly filled.

Can I sue my pharmacist for filling my prescription incorrectly?

In order to pursue damages from your pharmacist, you must show that you suffered damages as a result of the mistake, such as injury as a result of receiving the wrong medication or failing to receive the correct medication.

If you or someone you love has been harmed by a pharmacist’s negligence, please contact us today to schedule your free initial consultation. We’ll review your pharmacy liability claim with you and help you determine how to best proceed.

Disclaimer – The contents of the Burg website, including text, graphics, images, and other material contained herein (“Content”) are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Burg website!

If you think you may have a medical emergency, call your doctor or 911 immediately. We do not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by Burg or Burg Simpson employees is solely at your own risk.

 November 8, 2019

Injured? Med Pay Benefits May Be Available

Injured? Med Pay Benefits May Be Available Medical payment insurance, or “med pay” for short, is a type of insurance that provides for the payment of an injured person’s medical bills- up to a certain amount- if there has been an accident, regardless of who was at fault. Although one can purchase med-pay insurance as… Read more »

 November 6, 2019


BURG SIMPSON: “BEST LAW FIRM 2020” RECIPIENT ABOUT THE “BEST LAW FIRMS” LIST U.S. News & World Report and Best Lawyers cooperatively released its tenth annual list of “Best Law Firms” rankings. Burg Simpson was included as a #1 National Ranked law firm for Mass Tort Litigation & Class Action suits. Firms included in the 2020 Edition of… Read more »

 November 5, 2019

Channel 7 Interviews Burg Simpson About the “Human Body Part Case”

THE HUMAN BODY PART CASE Channel 7 interviews Burg Simpson About the “Human Body Part Case”: Michael S. Burg and David K. TeSelle, trial lawyers at the Denver-based firm of Burg Simpson Eldredge Hersh & Jardine, were recently interviewed by Denver’s Channel 7 about a once-secret black-market industry that involves the selling of human body… Read more »

 October 31, 2019

Burg Simpson is Proud to Sponsor the Rocky Mountain Children’s Law Center

Burg Simpson is proud to support the Rocky Mountain Children’s Law Center (RMCLC).  At the RMCLC, legal and clinical services are woven together to ensure that trauma-affected children and youth have safe and permanent homes, appropriate education, and the resources to address unmet emotional and physical needs. The mission of the RMCLC is to give… Read more »

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs and Medical Devices

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs and Medical Devices

Burg Simpson’s Colorado mass tort attorneys have represented thousands of people who have suffered serious side effects after taking dangerous medications or those who have been hurt by a defective product.  If you have suffered injuries related to a defective drug or medical device, contact the Burg Simpson mass tort team at 303-790-2525.


 November 8, 2019

Bike Crash Safety Video – Burg Simpson Personal Injury

The personal injury attorneys at Burg Simpson help fellow bicycle enthusiasts understand how to protect their rights after a bike crash and stay safe on the roads. If you have been hurt in a bike crash and need help, reach out to us today by calling our office or filling out our online free case… Read more »

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

 July 1, 2019

7th Annual Jeremy Bitner Memorial Run for the Fallen Officers Fund

The Jeremy Bitner Foundation was established in honor of Englewood Police Detective Jeremy Bitner. Detective Bitner lost his life in the line of duty on May 28, 2012, after being struck and killed by a vehicle while performing a traffic stop. Jeremy served the Englewood Police Department for 8 years and during that time was assigned… Read more »

The 2019 Burg Simpson Scholarship Awards Dinner

 May 7, 2019

The 2019 Burg Simpson Scholarship Awards Dinner

The 2019 Burg Simpson Scholarship Awards Dinner was held at Maggiano’s on April 25th to recognize the ten winners of the firm’s annual scholarship competition. The firm’s founder Michael Burg, and shareholders Peter Burg and Stephan Marsh presented awards to the 2019 winners! This year’s recipients included Ms. Madison Frotten, Mr. Dale Kim, Ms. McKenna… Read more »

Top 100 National Trial Lawyers Legal 500 Best Lawyers in America Super Lawyers US News 2014 Top 25 Most Influential Lawyers