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What to Do If a Pharmacist Makes a Mistake: Filing a Negligence Claim

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Pharmacy negligence occurs when a pharmacist does not adhere to professional standards when dispensing medications. This negligence can lead to injuries such as allergic reactions, adverse drug interactions, or even death. As an injured patient, you have the right to make a personal injury claim against the offending party. You must establish proof for your claims by gathering evidence showing that the pharmacist was negligent. An attorney can guide you through the process and help you seek financial compensation for damages.

Discuss your Norman, OK, case with the Law Offices of Keith J. Nedwick, P.C. by contacting us at (866) 590-8173.

What Constitutes Pharmacy Negligence?

Pharmacists are responsible for upholding essential standards of care to provide medications safely and accurately to the people who take them. When these professionals make mistakes, patients could take the wrong dosage or receive incorrect medicines. The consequences of this can be severe, having devastating effects that include serious injury or even death.

Types of pharmacy negligence include the following:

  • Wrong medication: A pharmacist might not dispense the substance the doctor prescribed the patient.
  • Wrong medication strength: A pharmacist might get the type of medication right but fill the prescription for the wrong strength.
  • Not considering drug interactions: A pharmacist might fail to ask about the patient's other medications and/or not discuss how the two might interact.
  • Not providing instructions: A pharmacist might not accurately inform the patient of the proper medication usage or the possible side effects.
  • Poor training: Pharmacy technicians might not be trained on the proper procedures for filling prescriptions.

Understanding Your Rights as a Patient

Negligent pharmacists can put patients' lives in danger. The patient's existing condition might worsen or they might develop new ones. In severe cases, the patient might even suffer fatal injuries. Knowing your rights is a meaningful way to advocate for yourself in the face of pharmacy negligence.

If you've been harmed due to negligence, you may be able to bring a claim against the pharmacist or the company they work for.

Of course, like any other claim, you'll need to prove negligence. This means demonstrating that the pharmacist had a duty to dispense the proper medication and provide accurate counsel on how to use it. You'll also need to show that a breach of this duty resulted in your suffering an injury that led to compensable damages.

Gathering Evidence to Support Your Pharmacy Negligence Claim

Gathering evidence is a critical step in every pharmacy negligence case. It's crucial to have as much proof as possible to support your claim.

The type of evidence you'll need for your case depends on the nature of your injury and what happened. At a minimum, you should provide a copy of your medical records, such as test results and the medication your doctor prescribed. You may also want to include the names of the pharmacists you spoke with when picking up the prescription. Additionally, it would be wise to keep track of any additional treatments or medications you needed due to the negligence.

Filing a Complaint with the Appropriate State Agency

Another right you have as a victim of pharmacy negligence is to file a complaint with the Oklahoma State Board of Pharmacy. The agency monitors and enforces laws related to pharmacy practice and drug distribution.

Filing a complaint allows you to hold the negligent pharmacist accountable for their actions or inactions. To lodge your complaint, write down what happened and who committed the error. The agency will review it and take appropriate action.

Contacting an Attorney

If you think that you have been wronged because of a pharmacist's negligence, you might consider contacting a personal injury lawyer. Having experienced counsel on your side helps ensure that your case is handled appropriately. They can draw on their legal knowledge and insight to analyze the evidence and develop a strategy to help you seek compensation and other remedies.

Speak with one of our Norman, OK, attorneys at the Law Offices of Keith J. Nedwick, P.C. by calling (866) 590-8173 or submitting an online contact form today.