(845) 802-0047Physicians, pharmacists, nurses, and other medical providers receive years of extensive education and training to properly administer medication to patients. A pharmacy error may cause serious illness, exacerbate preexisting health issues, and in some cases, even create new ones.
If you believe you have been the victim of a pharmaceutical error, give a Troy pharmacy error lawyer a call today. A qualified medical malpractice attorney could meticulously investigate your injury to build a rock-solid claim for the compensation you deserve.
Common Pharmacy Errors
Due to the extensive knowledge and practice required to become a pharmacist, the law holds them to the same high standard of care as physicians, requiring pharmacists to exercise reasonable care while dispensing medication or face the potential risk of a malpractice claim. Occurrences that may constitute pharmacy malpractice include:
- Dispensing the incorrect medication, often with a similar appearance or name
- Overlooking potential interactions or allergies
- Misunderstanding dosage or misreading a prescription
- Mixing up prescriptions and dispensing the medication to the wrong person
- Dispensing an incorrect dosage
- Problems with the usage directions or other details
- Mistakes in compounding that cause improper dosage or medications
- Failing to print warnings regarding possible interactions
If most pharmacists with the same experience and training would have caught the error in question, there is a good chance a Troy attorney could help recover compensation.
Elements Required to Pursue a Valid Pharmacy Error Lawsuit
In order to pursue a successful pharmacy malpractice case, the plaintiff must have evidence to support their negligence claim. To establish a valid pharmacy error claim, an attorney in Troy would be required to prove the following specific elements in accordance with the state’s negligence laws:
- The plaintiff and the pharmacist had a valid relationship
- The pharmacist negligently failed to fulfill the accepted standard of care
- This breach of the accepted standard of care caused the plaintiff illness, injury, or led to their pain and suffering.
- The plaintiff suffered actual damages as a direct result of the pharmacist’s negligence.
A pharmacy error attorney in Troy could help the plaintiff collect the evidence needed to prove these criteria, expert testimony from other pharmacists, medical bills to show the financial cost of treating their injuries, documentation demonstrating lost wages, and receipts for additional related costs.
Recovering Damages for Injuries
New York Civil Practice Laws & Rules §214-A typically allows victims two and a half years from the time of injury to file a malpractice claim to recover financial damages. A plaintiff in a Troy pharmacy error case could recover economic including medical bills, lost wages, and loss of future earning capacity, if the at-fault party’s negligence compromises the plaintiff’s ability to earn income in the future.
Non-economic damages may also be awarded but are generally more difficult to quantify, including losses such as pain and suffering, loss of life enjoyment, and loss of consortium. In very rare cases, a court may award a pharmacy error victim punitive damages to punish a defendant for their egregious behavior.
Shared Fault in Troy Pharmacy Error Lawsuits
In the state of New York, if a plaintiff goes to trial and is found to be partially liable for their injuries, such a finding may reduce their damages award. New York law follows the pure comparative negligence rule as defined by N.Y. C.P.L.R. §1411. Under this rule, when someone is found to bear some level of blame for their injury, illness, or medical condition their award of financial damages would be diminished proportionately to their amount of responsibility.
Consult with a Troy Pharmacy Error Attorney
A skilled attorney could sue negligent pharmacists to maximize your chances of recovering the compensation you need and deserve. Contact a Troy pharmacy error lawyer to schedule a case evaluation and get more information about how to pursue your claim.