Despite advances in modern medicine and technology, doctors are only human and just like everybody else, they are prone to making mistakes. However, when such mistakes cause undue harm to patients, they need to be held accountable. That is what medical malpractice lawsuits are about.
Like doctors, pharmacists are dealing with patients' health. If a pharmacist fills the wrong medication that has a bad interaction with another drug, or if they prescribe the wrong dose, a patient can be harmed, sometimes irreparably. In these situations, such errors are referred to as "pharmacy negligence."
Elements of a Pharmacy Malpractice Claim
Pharmacy malpractice is a branch of medical malpractice, and typically involves negligence. To prove negligence, the injured party must be able to show the following:
- Duty – the pharmacist had a duty to care for the patient.
- Breach of duty – the pharmacist "breached" that duty.
- Proximate cause – the pharmacist's negligence caused the patient's injuries.
- Harm – the patient was injured or harmed.
In summary, in order for a patient to have a valid claim for pharmacy negligence, they must be able to prove the above elements of negligence: Duty, breach of duty, proximate cause, and harm. If the patient can't prove even one of these elements, they won't be able to receive money damages.
However, if the claim involves the misfiling of potent medications, such as the blood thinner Coumadin (warfarin sodium tablets), or methotrexate (a cancer drug that can cause very serious, life-threatening side effects), the burden of proof is not an obstacle that is difficult to overcome.
Pharmacists have detail-oriented jobs. If they dispense the wrong medication, or in the wrong dosage, it can be life-threatening.
Pharmacists must take into account harmful drug interactions and any allergies that a patient may have. If they don't take these precautions and a patient is seriously injured, they can be held liable for malpractice.
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