New Jersey Pharmacy Error Attorney
Pharmacists and pharmacy employees have a significant duty of care to their patients. They must ensure every prescription receives appropriate attention to deliver the correct medication in the correct form and dosage to the correct patient. Doctors must also exercise care when prescribing medications to patients and account for patient allergies and existing prescriptions that may conflict with a new medication. When pharmacy errors happen, they can cause catastrophic medical injuries or illnesses, and injured patients need to know how to handle these situations. A free consultation with a knowledgeable New Jersey pharmacy error attorney at Meirowitz & Wasserberg, LLP, can help you understand your legal options.
When Is a Pharmacy Error Grounds for a Lawsuit?
The determining factor in whether a pharmacy error warrants legal action from the victim is whether the error resulted in actual harm or injury to the patient. Some of the errors that can potentially lead to lawsuits include:
- Prescribing the wrong medication for a patient. Many medications have very similar names, and it’s up to doctors to ensure they write the correct medication for a prescription and pharmacists must accurately fill prescriptions.
- Prescribing an inappropriate dosage or delivery method. For example, some patients must take liquid medications if they have difficulty swallowing pills.
- Failing to account for dangerous interactions with a patient’s current medications or medical conditions, such as drug allergies.
- Failure to warn a patient of the potentially dangerous side effects of taking a prescribed medication.
- Failure to warn a patient of necessary lifestyle changes when taking a medication, such as eating at specific times during a course of medication or avoiding certain foods and activities while taking the medication.
- A pharmaceutical manufacturer marketing dangerous or unsafe medications.
- A pharmacist dispensing medications to the wrong patient.
- Mislabeling medications.
- Mishandling medications in transit to pharmacies.
A pharmacy error could potentially lead to a lawsuit against a prescribing doctor, a pharmacy, or the company that produced the medication in question. For more information, reach out to a qualified New Jersey medical malpractice attorney experienced in handling pharmacy error claims.
Proving Fault in New Jersey Pharmacy Error Cases
A pharmacy error case against a doctor will follow the framework of a medical malpractice lawsuit. The plaintiff and his or her New Jersey pharmacy error attorney must prove there was a doctor-patient relationship between the defendant and the plaintiff and then must prove the defendant’s negligence. Next, the plaintiff must show how the defendant’s negligence directly resulted in damages. If a pharmacy employee is responsible for the error, the plaintiff must prove the defendant’s negligence in handling the prescription and link the negligence to the damages claimed in the lawsuit.
Cases against pharmaceutical companies are a bit different, as these claims fall under product liability law. In a product liability case, the plaintiff doesn’t need to prove the defendant was negligent, only that the medication in question is defective and the defect caused the plaintiff’s damages. There have been countless major lawsuits against pharmaceutical companies, and many of them evolve into class-action lawsuits with multiple plaintiffs who all suffered similar damages from the same drug.
Secure Reliable Legal Representation
A pharmacy error incident may involve one or more defendants and extensive damages, so plaintiffs need legal counsel they can trust for a satisfactory result. In cases against pharmaceutical companies, joining a class action lawsuit already in progress is a good way for plaintiffs to secure compensation at a fraction of the typical cost of legal fees. However, the downside of a class action lawsuit is that each plaintiff receives a much smaller settlement or case award than they would have had they pursued individual cases.
Meirowitz & Wasserberg, LLP | Your New Jersey Pharmacy Error Lawyers
Meirowitz & Wasserberg, LLP, has helped many clients in New Jersey handle all types of civil actions, including lawsuits for pharmacy errors. Contact our team today to schedule a consultation about your pharmacy error case and to learn more about your legal options and the different ways our firm can help.