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Pharmacy Negligence- Philosophy & the Lawby A N DR E W MOU N IE R on JU LY 2 3 , 2 01 3

Typically when we think

of medical malpractice

we think of negligent

doctors. We read about

doctors who misdiagnose

patients, surgeons who

leave medical

instruments in patients,

and anesthesiologists

who used a medication

that was counter

indicative based on the patient’s medical history. However, other medical

professionals such as pharmacists also make mistakes, and, sadly, the result

is sometimes devastating. Like physicians and other healthcare

professionals, pharmacists can be held legally liable to patients for these

mistakes if as a result the patient is harmed and suffers damages.

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The basis of any negligence claim is that there existed a duty that was

breached, causing harm and compensable damages. In the case of the

pharmacist-patient relationship the pharmacist has a legal responsibility to

the patient to provide the medication prescribed by the physician and to

disclose to patients pertinent information about taking the medication. If the

pharmacist fails to do so, the pharmacist breached his or her legal duty.

Should the patient become sick or die because of the pharmacist’s mistake,

then there is causal relation between the pharmacist’s breach and the

patient’s illness or death. If as a result the patient suffers compensable harm

such as medical bills, lost earnings, and pain and suffering then the

pharmacist may be liable for damages.

Pharmacists can breach their duty of care in a number of different ways. For

example, a pharmacist may accidently give the patient the incorrect

medication by either using the wrong drug when filling a prescription or by

putting the wrong name on the prescription bottle. The patient could wind

up with the improper medication if the pharmacist makes an error in

preparation by incorrectly compounding or improperly reconstituting the

medication. Negligence may also occur if a pharmacist gives the patient the

wrong dosage instructions, fails to advise the patient about drug interactions

or fails to warn the patient about possible side effects. Furthermore, a

pharmacist may even be held liable if the physician writes a prescription for

the wrong medication and the pharmacist should have caught the mistake.

Patients who are injured due to the negligence of a pharmacist may be

awarded both compensatory damages and punitive damages. Compensatory

damages are designed to pay for expenses that the patient incurred because

of the negligence. For example, if the patient had to go to the emergency

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of the negligence. For example, if the patient had to go to the emergency

room to get treated for an adverse reaction to an incorrect medication, then

the pharmacist may be liable for the bills associate with the hospital visit. In

addition, if the patient was unable to work, then the pharmacist may have to

pay for the patient’s lost wages. Moreover, the negligent pharmacist may be

liable to the patient or the patient’s family for punitive damages that would

provide a monetary award above the actual expenses related to the negligent

act. Punitive damages are sometimes awarded in order to punish the

negligent person and to deter the negligent behavior.

Unfortunately, pharmacy negligence is far from uncommon. According to

the U.S. Food and Drug Administration medication errors cause at least one

death each day and result in injuries to over 1.3 million people each year. If

you believe that you or a loved one was injured due to the negligence of a

pharmacy, you should contact an experienced medical malpractice

attorney. An attorney familiar with the complexities of medical

malpractices cases will be able to review the facts of your case with you,

educate you on your legal rights and help you get the best possible result.

Andrew Mounier

Andrew Miller (Mounier) is an experienced Content

Engineer and Author. He has worked in marketing for over a

decade and finds his passion in bringing concepts to life for

the world to enjoy. He is also an avid legal blogger and

currently working on a book with his wife about social

entrepreneurship. He is a true Socialpreneur and finds that

his goal in life is to be an agent for positive social change

through both his writing and business endeavors.

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