(845) 802-0047Both doctors and patients trust pharmacies to dispense medications safely for all patients, following the physician’s orders. However, no pharmacy is immune to errors that may lead to permanent damage. They may be held liable for their actions by you and a skilled Newburgh pharmacy error lawyer. Let a seasoned medical malpractice attorney fight for you.
Types of Pharmacy Errors in Newburgh
Most pharmacies have a high degree of accuracy, but they are imperfect. Some pharmacy errors may have no impact on a patient at all though others might have devastating or even life-threatening consequences. Common pharmacy errors include:
- Following the doctor’s prescribing orders whether they are correct or not
- Dispensing the wrong medication
- Dispensing the wrong dose of mediation
- Dispensing the wrong form of medication
- Failure to fill a prescription
- Withholding important patient instructions or warnings
- Giving the wrong directions for taking a medication
- Dispensing a drug that a patient is allergic to
All pharmacies owe patients a duty of care to dispense medication that is safe and appropriate for them, even if it means refusing to fill an unsafe prescribed medication. A knowledgeable Newburgh pharmacy error attorney could review the circumstances of a pharmacy error to determine if the patient has a valid legal claim.
Who is Liable for Pharmacy Errors?
Pharmacies employ systems that ensure prescriptions are checked by multiple parties to keep patients safe. Even with multiple checks, pharmacy errors could still happen. If there is shared fault jury will determine who pays the plaintiff’s damages by New York Civil Practice & Law Rules § 4011a.
Under this law, the court may assign multiple defendants their own degree of fault. Each defendant would then pay the plaintiff’s damages according to the degree of their liability. Potential defendants that the plaintiff and their pharmacy error lawyer in Newburgh could sue for damages include:
- A hospital
- Pharmacy owner
- The prescribing doctor
- The pharmacist
- Pharmacy technicians
Pharmacy Error Lawsuit Settlements
In some cases, it is beneficial for the plaintiff and the defendant to settle a claim before going to court. Doing so may decrease legal expenses and the amount of time before resolution. A settlement might also reduce the risk of going to court to both parties.
Settlement discussions usually take place between the attorneys of each party, although it could take months or even more than a year for a fair settlement to be reached. Once the plaintiff accepts a settlement, they must agree to not sue the same defendants once more for the same incident or injury.
Get Help from a Newburgh Pharmacy Error Attorney
If you are the victim of a pharmacy error and suffer damages directly related to the error, you may want legal help from a Newburgh pharmacy error lawyer. Whether you suffered severe side effects, had an anaphylactic reaction to a medication you were prescribed, a lawyer might be able to assist you in getting the compensation that is rightfully yours. Call today to schedule a free consultation on your case. Waiting may eventually bar you from collecting compensation for your claim.