If a pharmacy error has caused you injury, it can leave you in a very difficult position, including facing serious losses. It is important to recognize that you have legal rights, including the right to compensation in the event of medical malpractice. If this is the challenging situation in which you find yourself, you need the professional representation of an experienced medical malpractice attorney, such as a Houston pharmacy malpractice lawyer at KGS Law PLLC.
Does the Error Qualify as Medical Malpractice?
There is no profession that is immune to mistakes, and pharmacists are no exception. However, according to Texas Civil Practice and Remedies Code Chapter 74, when a pharmacist makes an error that is caused by their failure to implement the profession’s standard of care, it can reach the level of medical malpractice.
The Professional Standard of Care
The standard of care that applies is based on what the pharmacist’s professional peers, or other pharmacists with similar credentials, would have done under similar circumstances. If the pharmacist in question stayed within these parameters, their error is not medical malpractice. If, however, they did something their peers would not have, or if they failed to do something their peers would have, it may be medical malpractice.
Common Causes of Errors
Often, people make mistakes due to fatigue, distraction, or the fact that they were in a hurry, and pharmacists are no exception. It is important to note, however, that pharmacists have an important job to do, and they must be prepared to perform this job to the best of their abilities when they come to work. In other words, being tired, distracted, or overworked is no excuse.
While pharmacists can make pharmaceutical errors, the pharmacies that employ them can also be held responsible. For example, if the pharmacy places intense performance pressure on its pharmacists, liability is likely to be shared. Regardless of who is responsible, you will very likely file your claim with the medical malpractice insurance that the pharmacy carries on its employees. A pharmacy negligence attorney in Houston could help determine whether malpractice applies to your case.
Establishing Your Pharmacy Error Medical Malpractice Claim
There are several elements you must prove to bring a successful pharmacy error medical malpractice claim. You must prove that you were owed a duty of care, and this is established by the fact that you were filling a medical prescription.
From here, you will need to prove that the pharmacist breached their responsibility to you by making an error that lies outside the profession’s standard of care. Additionally, their error must have caused you to experience legal damages—losses that the law recognizes.
These damages include medical costs, such as if the error made you ill, left you physically harmed, or caused your underlying condition to worsen. You can also seek compensation for lost income if the error resulted in you missing work, and physical and emotional pain and suffering if the error caused you to experience physical pain or to suffer negative emotional consequences.
An experienced pharmacy malpractice attorney in Houston could carefully outline the full scope of your legal damages.
Common Pharmacy Errors
The kinds of errors that tend to support pharmacy medical malpractice claims are often classified as dispensing errors. These can include:
- Dispensing the wrong drug
- Dispensing the wrong dosage of the drug
- Dispensing the right drug in the wrong format for delivery
- Dispensing the drug without adequate instructions or warning labels
- Dispensing the drug with the wrong label, an inaccurate label, or a label that is confusing
- Dispensing the drug with the wrong instructions or with the wrong scheduling regime
If you think you are the victim of pharmacy medical malpractice, reach out for the trusted legal guidance of an accomplished Houston pharmacy negligence attorney today.
Consult With an Experienced Pharmacy Malpractice Attorney in Houston
A Houston pharmacy malpractice lawyer at KGS Law PLLC could help champion your legal rights in pursuit of your rightful compensation. The outcome of your case is important to your future, so please do not hesitate to contact us online or call our firm today.