Americans rely on over-the-counter and prescription medications to help them maintain their health, increase their productivity, and live longer. In certain cases, however, the negligence of pharmacy staff can lead to the opposite outcomes occurring.
If you were injured by the carelessness of a pharmacy or their staff members, a Kingston pharmacy negligence lawyer could help review your case to determine whether you have a valid legal claim. Contacting a compassionate medical malpractice attorney may be beneficial if you wish to seek compensation for your pharmacy-related injuries.
The Duty of Drug Stores and Their Staff
New York Codes, Rules, and Regulations §405.17 mandates that hospital pharmacies are registered and operated under New York laws and are directed by a registered pharmacist in the state. Subsequently, the pharmacy may dispense drugs ordered by providers and also works as another set of checks to ensure that patients are prescribed and receive the right drug for the correct route at the proper dose.
What Makes a Pharmacy Liable?
If a pharmacy dispenses a drug that is the wrong dose, type, or form, or if the patient is allergic to the medication, they could be held liable for any resulting damages. Specifically, patients who were harmed by a pharmacy’s negligence may be able to recover their damages with the assistance of a Kingston attorney.
A committed lawyer could work to prove that the pharmacy and their staff breached their duty of care to the plaintiff to dispense medications that were safe and appropriate for them. Additionally, a plaintiff’s legal counsel could demonstrate in or out of court how this breach of duty negatively impacted the plaintiff and directly caused compensable damages.
Damages Caused by Pharmacy Mistakes
Injuries and damages that arise from pharmacy negligence can be as simple as a rash or as catastrophic as premature death. Recoverable damages caused by pharmacy negligence can be either economic and non-economic in nature and may include but are not limited to:
- Medical expenses
- Lost wages
- Scarring or disfigurement
- Emotional distress
- Loss of consortium
- Loss of enjoyment of life
While these damages are intended to make the plaintiff whole again as much as reasonably possible, some states have capped or limited the amount of compensation that plaintiffs may receive, particularly in medically related cases. However, New York is a plaintiff-friendly state that does not enforce any such damage caps.
What if a Pharmacist Acted with Intent?
In rare cases where the defendant acted with extreme recklessness, indifference, or with intent, a court may elect to award punitive damages as well. These damages are meant specifically to punish the defendant rather than to make up for any specific loss the plaintiff suffered. A pharmacy negligence lawyer in Kingston could help a potential plaintiff solidify how the negligence of a pharmacy impacted their life, so they can identify all the forms of damages they could pursue.
Consult with a Kingston Pharmacy Negligence Attorney Today
If you were injured after taking a medicine you received from a pharmacy, you might be able to hold the reckless party responsible and seek restitution for your injuries and damages. A seasoned Kingston pharmacy negligence lawyer could help you gather evidence for your case, build an injury claim, and fight for your rights. Call today to schedule your initial consultation.