New York Pharmacy Error Attorney
Medical malpractice can occur in many forms, one of which is medication errors. In fact, it’s one of the most common forms of medical malpractice, as dosing and medication errors occur every day. If you or a loved one was harmed because of a pharmacy error, you may have legal options. Learn all about pharmacy errors and when to contact a New York City pharmacy error attorney at Meirowitz & Wasserberg, LLP.
Can I Sue A Pharmacy For Prescription Errors in NYC?
Under certain circumstances, you may be able to file a civil action against a pharmacy for prescription drug errors. A number of different errors can lead to negligence when it comes to medication dispensing, including:
- Prescribing the wrong dose of a correct medication
- Prescribing the wrong medication
- Failing to review a patient’s current prescription list and foresee a potentially dangerous drug interaction
- Failing to review a patient’s history and foresee a complication or preclusion from taking a certain medication
- Failing to warn of potentially dangerous side effects while taking a drug
- Dangerously marketing a medication, for example, for unnecessary off-label use or receiving “kickbacks” from pharmaceutical companies
Who Is Liable For A Pharmacy Error?
When a patient incurs injury or harm as the result of a prescription error, you may be able to sue for damages. An important part of your case will be deciding who committed the negligence that led to your injury. When it comes to medication errors, any number of individuals may be to blame, including:
- The physician who prescribed the wrong medication or failed to warn the patient of the possible dangerous side effects of taking the drug
- The pharmaceutical company who failed to properly monitor the possible side effects of a medication or include a comprehensive list of risks and known side effects to the physician and the patient
- A pharmacist who dispensed the wrong medication or provided the wrong dose. A pharmacist can also be guilty of failing to warn of the risks or failing to reasonably foresee a potentially dangerous drug interaction.
Proving Medication Errors In New York City
Proving a pharmacy error involves complex medical evidence and providing sufficient evidence that it was the medication error — not any other factor — that led to your injuries. This requires support from a medical professional, who will provide testimony that they would have acted differently given the same circumstances.
Damages In A Prescription Error Suit
A medical malpractice lawsuit will help provide compensation for any side effects you experienced while taking a medication, including:
- Special damages: These address the financial harm you sustained from a medication error, including medical bills, lost wages, and reimbursement of prescription fees or copays.
- General damages: Provide compensation for the intangible losses of an injury — for example, any loss in quality of life or pain and suffering.
Your NYC Pharmacy Error Attorney
If you or a loved one incurred an injury as the result of a medication error, our experienced attorneys can help. Contact us to schedule a free case evaluation with our New York personal injury lawyers to see if you qualify for our contingency-fee based legal services. You only pay us if we win, making the process risk-free for you and your family.