Albany Medical Malpractice Attorney Discusses Pharmacist Malpractice


There is a duty of care owed by pharmacists to the people who go to them to have their prescriptions filled.  For this reason, when a person goes to a pharmacy to fill a prescription that person has the right to expect that they will be given the correct drug at the correct dosage as well as accurate instructions and warnings.  Death or severe medical conditions can result from pharmaceutical malpractice due to incorrect dosage or incorrect use of the medication.  Pharmaceutical companies and drug stores pay out millions to billions of dollars every year because of pharmaceutical malpractice.

Errors in filling prescriptions can be caused by understaffing, outdated technology, or simple negligence.  Pharmaceutical mistakes can have very dangerous results especially if the person is allergic to the medication or if the person does not need the medication.  An adverse reaction to medication can leave a person suffering from health problems than can last for years or can possibly result in death.  Situations of pharmaceutical malpractice can include when:

  • One patient is given another’s medication.
  • The patient is given the wrong dosage of the medication.
  • The incorrect instruction pamphlet or the wrong instruction information is given with the medication.
  • The patient is a medication with a similar name that was not the medication prescribed.
  • The doctor’s handwriting on the prescription pater was misread by the pharmacist and the wrong medication was given to the patient.
  • The pharmacy incorrectly compounded the prescription drug.

When a person is given the wrong medication by a pharmacy or drug store and they catch the mistake prior to taking it then they should call the pharmacy and tell them of their mistake and pick up the correct prescription.  If the mistake is not caught and the person takes the drug, their doctor or pharmacist should be contacted immediately once the mistake is discovered to notify them and to find out about any side effects they should watch for and for how long.  If any reaction to the medication is experienced medical attention should be sought immediately.  Unfortunately, a patient many times will not know they have been prescribed the wrong medication until they experience side effects and they are advised by their hospital or doctor.

Damages in pharmacist malpractice lawsuits generally involve compensation for medical expenses, loss of earnings, disability, pain and suffering, emotional distress, and in rare cases punitive damages.  Medication errors should not be taken lightly.  New health conditions can result from the mistake.  When a pharmacy or drug store administers the wrong dosage, gives the wrong instructions, or the wrong medication is given then they are liable for negligence should any adverse reaction or death occurs.

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at .  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at