A pharmacy error could worsen current health conditions, or cause new ones to arise, resulting in hospitalization or even death. If you believe that you or a loved one is the victim of a prescription error, call a Poughkeepsie pharmacy error lawyer today to discuss the specifics of your potential case. A skilled medical malpractice attorney could evaluate what damages may be applicable and help you file a claim for monetary compensation.

Defining Pharmacy Malpractice

Along with physicians and other healthcare providers, pharmacists must complete years of education and undergo extensive supervised training. Accordingly, New York law holds pharmacists to the same standard of care as physicians. A pharmacist is required to exercise due care when distributing medication. Common pharmacy errors include:

  • Dispensing the incorrect medication
  • Failure to notice possible allergies or interactions
  • Misunderstanding a dosage or misreading a doctor’s prescription
  • Distributing the incorrect dosage amount
  • Issues with usage directions
  • Errors in compounding that cause incorrect dosage or medications
  • Failing to print warnings regarding potential interactions

Not every negative drug interaction or side effect constitutes a pharmaceutical malpractice case, but if it is reasonable that another prudent pharmacist would have foreseen that error, there may be a valid suit. A pharmacy error attorney in Poughkeepsie could evaluate the plaintiff’s situation and determine if they qualify to collect damages.

Proving Negligence in a Poughkeepsie Pharmacy Error Case

To pursue a positive outcome in a pharmacy error case, a Poughkeepsie attorney must provide evidence to establish the pharmacist’s negligence. Four elements are necessary to prove this type of malpractice claim:

  • The plaintiff and the pharmacist had a relationship and the individual relied on the pharmacist to fill their prescription or offer germane medical counsel.
  • The pharmacist failed to fulfill the industry standard of care.
  • The pharmacist’s breach of this duty of care caused the plaintiff injury, illness, or pain and suffering
  • The pharmacist’s negligence directly caused the plaintiff’s damages

A knowledgeable lawyer could gather any necessary evidence to establish these criteria such as medical records, pharmacy records, expert testimony provided by other pharmacists, any of the remaining prescriptions, medical bills, and paperwork or pay stubs showing lost income.

Pursuing Damages for Injuries

Plaintiffs alleging a pharmacy error are required to bring a medical malpractice lawsuit within two years and six months of the date of the incident under New York Civil Practice Laws and Rules §214-A. If the health care provider’s error occurred during the course of ongoing treatment, the time period does not begin until treatment is completed. The statutory time frame does not begin for minors until their 18th birthday, but in any situation involving a minor, a suit cannot be filed more than ten years after the alleged incident.

When valuing damages, New York courts use pure comparative fault, which diminishes a plaintiff’s recoverable damages in proportion to their share of the blame. A seasoned Poughkeepsie pharmacy error lawyer could help victims calculate how much their claim may be worth after fault is determined.

Contact a Poughkeepsie Pharmacy Error Attorney Now

The first step to recovering compensation is to retain a Poughkeepsie pharmacy error lawyer to handle your case. An attorney could pursue negligent pharmacists and fight for the compensation that you need to cover mounting medical bills. Call now to schedule a case evaluation and get more information regarding how to pursue a claim.