Pharmacy Error Claim Attorneys
Serving Kansas City, Independence, Blue Springs & Lee’s Summit
Pharmacy error claims fall into the legal category of cases commonly referred to as “pharmacist malpractice” cases. These cases require a special concentration and substantial resources primarily because pharmacists are licensed professionals and will fight hard to maintain their credentials. Additionally, pharmacy mistake cases usually involve corporate negligence in which the corporation is committed to a vigorous defense presented by a skilled pharmacy error lawyer. Attorneys Doug Horn and Laurie Del Percio concentrate in pharmacy mistake cases, including claims focused on both:
- Pharmacist Malpractice
- Corporate (Pharmacy) Negligence
At the outset of our claim evaluation, there are three initial factors that need special consideration:
- Pharmacy (Pharmacist) Liability
- Causation of Injury
- Victim’s Damages
See our article on the growing trend of medication mistakes in The Examiner.
A pharmacy’s primary duties are to ensure that the right medication, in the right dosage, is given to the right customer, with the right instructions and information. When a pharmacy fails to meet that duty or responsibility, the pharmacy has liability for their error and negligent conduct.
The liability of a pharmacist or pharmacy is predicated on showing, through the evidence, that the pharmacy or the pharmacist was negligent in the handling, preparation, or the dispensing of a prescription. While there are many different kinds of evidence, Horn Law will need the wrong medication and / or the medication bottle or container in dispute. Thus, please keep the container of wrong medication and do not give any of the wrong medication back to the pharmacy.
Liability is influenced by the pharmacy environment and we find that the liability of the pharmacy is further established by the fact that pharmacies, pharmacists, and pharmacy assistants are overworked and understaffed. Other factors contributing to liability include:
- Distractions such as customers needing assistance, telephones, high noise levels
- Communication blunders between prescribing physicians and pharmacies
- Confusing sound-alike, look-alike drugs
- Corporate policies, procedures, and protocols that have a negative impact on safety
Causation of Injury
As pharmacy error lawyers, we must also prove that the pharmacy mistake caused a distinct injury or an aggravation of a prior medical condition. One reason pharmacy error cases can get complex is because the victim is already being treated for a medical condition or illness. When a person is victimized by a medication error, there are two primary considerations with regard to causation:
- First, the effect of being denied the prescribed medication to treat the underlying medical condition or illness;
- Second, the injury that was caused by the mis-filled medication.
In this regard, Horn Law works with experts who are very knowledgeable in toxicology and pharmacology. This is necessary in order that we can establish medical causation and take into account all causes and effects.
Because every case of pharmacy error has special and unique circumstances, we must be very thorough in documenting pain, suffering, interference, disability, and other personal loss caused by the medication mistake, including both economic and non-economic factors of damage.
For instance, economic factors may include:
- Medical expenses
- Lost income
- Rehabilitation costs
Non-economic damages may include:
- Past, present, and future pain, suffering, discomfort, interference, etc.
- Emotional or mental distress and anguish
- Past, present, or future disabilities or physical curtailments
- Loss of earning capacity or freedom to enjoy life
Horn Law offers you a free investigation. Legal consultation, case assessments, and examinations from an experienced personal injury attorney are important when you are working with insurance claim agents or other insurance company representative. Contact Horn Law at 816-795-7500 free of charge for legal consultation.