Pharmacy Malpractice: what to do if someone gets sick or suffers an overdose because a pharmacy made a mistake...

The days of the neighborhood pharmacist who carefully read and filled each prescription while providing sound advice and counseling to his or her patients is all but gone. Nowadays medicine, especially pharmaceuticals is big business and pharmacy malpractice is a growing problem. Each day millions of prescriptions are filled and too often when pharmacist or pharmacy technicians get in a hurry mistakes are made. A mistake can happen and injury or death can result if the pharmacist or technician fills the prescription with the wrong medication or gives the patient the wrong dosage information. Also a pharmacy may be liable for injury caused by the failure to give correct warning information about possible adverse reactions or interactions with other drugs and medication a patient is taking.

A person who is injured because a pharmacy made an error is generally entitled to recover damages which may include medical treatment expenses, loss of income during recovery, other economic losses as well as damages for physical pain and emotional suffering. Often a person will learn they have received the wrong medication when they receive a call from the pharmacy telling them about the error. Or you may notice a change in the condition of the person after they take the medication.

1. Remain calm.
If this happens to your loved one you will not only be upset, you will be angry. Instead of helping your loved one get well a pharmacist's negligence has actually injured them. You will be particularly angry and maybe even mad at yourself if you administered the medication according to the pharmacist's instructions. But, you have no reason to feel guilty, you were entitled to rely on the pharmacist to do his or her job and properly fill the prescription and provide appropriate and correct advice. Stay calm and act quickly to get medical attention for your loved one.

2. Seek medical attention immediately.
Seek medical attention the moment you suspect an overdose, adverse reaction or that the wrong medication has been taken. Don't be afraid to call 911 or poison control for emergency assistance and advice. The pharmacy may contact you and ask you to return the prescription to them. Do not return the medicine or its container to the pharmacy. Take the container, all written instructions and any remaining medication with you to the emergency room or doctor. They will need this to properly treat the person. But don't leave this with the doctor. Make it clear to the medical personnel that you need the container, the remaining medication and all paperwork back when they have finished. This is important evidence, which you will need to preserve. If you leave it with the doctor or emergency room, it might be discarded.

3. Don't talk to any corporate representative or insurance adjuster until you talk to lawyer.
It doesn't matter what they say; the pharmacy's insurance adjuster is not your friend. An insurance adjuster's job is to find ways to avoid or minimize the amount of money the company or its insured has to pay when its insured hurts someone. The pharmacy's insurance adjuster will try to avoid paying for the damage done to your loved one. The pharmacy and its insurance company can afford to deny the claim and force you to litigate. The insurance company can afford to hire the very best lawyers to protect their client. And, you can be sure they will use every legal advantage they can to win. You will always be at a disadvantage in dealing with an adjuster yourself. The adjuster knows the law and what happened. They will construe all disputed facts and issues in favor of their client. On the other hand you may not know important details about what happened and are unlikely to know the law or fully understand your rights. Nor will you immediately comprehend the extent and value of your damages. The adjuster can easily take advantage of your lack of knowledge, lack of time to deal with the matter and your natural tendency to want to "put it behind" to persuade you to accept only a nominal settlement amount.

4. Once the medical emergency is over, relax for a moment and gather your thoughts on paper.
You are now a witness, or perhaps a plaintiff, in a pharmacy malpractice case. The successful prosecution of any injury or death claim requires a thorough investigation and solid evidence, and our investigation will be guided in large part by the information you are able to provide us initially. First, gather up the container and packaging the medicine came in along with any remaining medication. Collect all written instructions, receipts and other papers that came with the medication. Sit down and make yourself a few notes about what happened. Jot down the name of the doctor who prescribed the medication; the location of pharmacy that filled it; the name or description of the person who filled it and what you remember about any conversation with them. List any reactions the person had to the medication and when they first were noticed or occurred.

5. Retain competent legal counsel
Regardless of what you read in the newspapers, big corporations and insurance companies don't just roll over and pay a substantial claim for damages when they have hurt someone. Before an adequate settlement can be obtained, they usually must be confronted by a determined lawyer presenting a meritorious claim, backed up by a thorough investigation establishing solid evidence of fault on the defendant's part and documenting the client's substantial damages. In meritorious cases where a defendant refuses to settle, you should not be ashamed or afraid to invoke the civil justice system. That is what it civil justice system is for. If it becomes necessary to prosecute your claim in court you can be sure I will pursue your rights in an aggressive, competent and professional manner.

6. Request Appointment or Make Case Inquiry
I do not charge for an initial consultation in these kinds of cases. If I accept professional responsibility in your case, I will charge a contingent fee, plus out-of-pocket expenses. This means I receive a percentage of the amount of money damages I recover for you, plus the expenses incurred in obtaining the recovery. If I do not recover any money damages for you, you are not responsible for any attorney fee and are only responsible for out-of-pocket expenses claims. In very meritorious cases, I advance the out-of-pocket costs of litigation. Contingent fees work well for clients in these cases because big corporations and their insurance companies can afford to fight. On the other hand, most individuals can't afford the legal fees they would otherwise have to pay out of pocket; especially when they have been injured and are out of work. Click here if you would like our office to contact you to arrange for a confidential appointment at a convenient time, Click here if you live outside of northwest Louisiana and would like to arrange for a telephone consultation. Click here if you would like to find out whether your case is the kind of matter we would accept.