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

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 Simpson.com 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 Simpson.com 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 Simpson.com or Burg Simpson employees is solely at your own risk.

Ohio June 2020 E-News

 June 3, 2020

Ohio June 2020 E-News

Dangerous Drugs & Medical Devices, Personal Injury, Product Liability, Consumer Litigation, Mass Tort & Class Action, Business & Commercial Litigation, Employment Law, Sexual Abuse, Assault, and Harassment. June 2020 E-News GOOD LAWYERS We Have Moved Into Our New Offices! Burg Simpson’s Ohio office is now located in the PNC Center. 201 East 5th Street, Suite… Read more »

 May 29, 2020

Michael Burg Interviewed About the Body Parts Case

Michael Burg Interviewed by the Colorado Lawyer About the “Body Parts Case.” In November of 2019, trial lawyer Michael Burg, with shareholders David TeSelle, Holly Kammerer, and Paul Friedman, secured a $58.5 million verdict in punitive and compensatory damages for families who had donated bodies of their deceased loved ones to the Biological Resource Center…. Read more »

 May 21, 2020

Angela E. McGraw Featured by Women Trial Lawyers Network

In May of 2020, Burg Simpson shareholder and trial lawyer Angela McGraw was featured by the Women Trial Lawyers Network. The Women Trial Lawyers Network promotes the participation of women in the Colorado Trial Lawyers Association (CTLA), and aids in the advancement of women members into leadership positions. Additionally, the organization supplements the knowledge and experience of women by providing networking and educational… Read more »

 May 11, 2020

Burg Simpson Supports the Jeremy Bitner Fallen Officer Fund

ENGLEWOOD, CO – MAY 11, 2020 – The annual Jeremy Bitner Memorial Run is held 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 drunk driver while performing a routine traffic stop. Jeremy served the… Read more »

david-hersh-case-settlement

 December 9, 2019

Settling Commercial Litigation Cases

An out-of-court settlement is a legally-binding agreement between the parties to a lawsuit that effectively puts an end to the legal matter. A settlement resolves all disputes inherent in the lawsuit, and results in dismissal of the claims filed in court.  Sometimes a settlement will contain a requirement that other court orders be entered effectuating… Read more »

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

 November 12, 2019

Holding Pharmaceutical Companies Responsible – Mass Tort | Dangerous Drugs & 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.

bike-crash-safety

 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 »

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