Can I Sue for Prescription Medication Mistakes or Pharmacy Errors? By Moody Law | Personal Injury Attorneys on July 01, 2023

Transulecent orange prescription bottle

When you visit a pharmacy, you trust the establishment and its staff to get you the medication you need and how much of it was prescribed to you. After all, getting any of this wrong can have serious consequences for your health. But what happens when the pharmacy makes an error? Who is held liable? What can you do?

Our medical malpractice lawyers serving Lakeland, Winter Haven, Tampa, FL, and beyond have experience representing individuals whose health and well-being have been compromised at the hands of medical professionals — and pharmacists are no exception. If you’re wondering if you can sue for prescription medication mistakes or pharmacy errors, we’re here to share what you should know.

Wrong Medicine

A common reason for legal action against a pharmacy is because they prescribed the wrong medicine. This situation could unfortunately lead to severe consequences, including serious side effects, allergic reactions to the drug, and interference with other medications a patient might also be taking.

Wrong Dosage

A pharmacist may be handling the correct medication but prescribes too much or too little. Health risks include everything from the treatment not effectively addressing the illness to overdose or addiction. Prescribing the wrong dosage is usually the result of negligence or administrative errors.

Wrong Medication Instructions

Failure to provide patients with clear, correct instructions may stem from general oversight, administrative issues, or lack of proper training. A lawsuit may be required to hold the responsible parties accountable.

My Pharmacist Made an Error. What Should I Do?

Here’s what you should do if you think your pharmacy gave you an incorrect prescription:

  • Contact the doctor who prescribed the medication
  • If necessary, seek emergency medical attention
  • Take pictures of the incorrect prescription bottle and any other relevant materials the pharmacy provided to you
  • Keep the bottle, its label, and any remaining drugs you did not consume
  • Get in touch with a trusted lawyer

Who Can Be Held Liable for Medication Mistakes or Pharmacy Errors?

Depending on the specifics of the case, various parties could be held liable for a pharmacy error — including a doctor or healthcare organization overseeing diagnosis or treatment planning. It can even involve drug manufacturers producing defective medicine that should be recalled. In that sense, pharmacy errors are the end result of a long chain of events or oversights.

Determining liability in a pharmacy error opens the door for complex medical malpractice and possibly even product liability concepts. These legal waters are best navigated with the help of an experienced attorney to help you secure the most favorable compensation possible.

Explore Your Rights With a Medical Malpractice Lawyer

If you have suffered injuries due to a medication mistake or pharmacy error, do not accept compensation the pharmacy may offer you. Instead, get in touch with an experienced medical malpractice attorney who will take the time to fully understand your situation and get you the compensation you deserve.

Contact us to learn more or to request a free consultation at our offices in Lakeland, Bartow, and Tampa, FL.

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Daniel D. Moody, J.D., B.C.S.

Moody Law, P.A.

Moody Law was founded by Daniel D. Moody for the sole and exclusive purpose of representing the injured. Our main office is centrally located next to the Polk County Courthouse in Bartow, FL, serving Lakeland, Winter Haven, and all the other communities of Polk County.  Some of Mr. Moody’s honors, memberships, and associations include:

  • The Florida Bar Board Certification – Civil Trial Specialist
  • AV PREEMINENT Martindale-Hubbell Lawyer Ratings
  • Life-member Multi-Million Dollar Advocates Forum
  • Best Attorneys of America – Rue Rating Lifetime Charter Member
  • National Trial Lawyers: Top 100 Trial Lawyers

To schedule a free, no-obligation consultation, contact us online or call (863) 733-9090.

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