Miami Pharmacy Malpractice Lawyers

You are here: Home » Miami Pharmacy Malpractice Lawyers

If you or a loved one have been harmed by a medication error or because of pharmacy negligence, a Miami pharmacy malpractice lawyer can help you collect your due. Pharmacy malpractice occurs when a pharmacy, pharmacist, healthcare provider or hospital causes harm to a patient through a medication error or as a result of negligence involving prescription medication.

Miami pharmacy malpractice lawyers go to bat for those who have been injured or who have died because a medication prescription was not filled properly. Miami pharmacy malpractice lawyers also defend and seek compensation for those who have been injured because a pharmacist, doctor, nurse or pharmacy technician failed to follow proper safety procedures that could have prevented the mistake.

Pharmaceutical Malpractice

Studies show that up to ten percent of medicines prescribed in Miami and across the country are dispensed in error. Physicians and nurses are responsible for prescribing the proper medicines for their patients, and pharmacists are legally bound to dispense the correct medicine at the right dosage. When a medication error occurs, it's called pharmaceutical malpractice, and the case is best handled by a Miami injury lawyer.

Florida Pharmacy Law And Miami Pharmacy Malpractice Lawyers

The Florida Pharmacy Act requires proper dispensation of a medication before it's given to a patient. Pharmacists must interpret and assess every prescription for potential adverse effects. They must also determine whether the dosage seems appropriate and counsel patients about proper medication use. At the same time, the Pharmacy Act prohibits Miami pharmacists from altering prescriptions and diagnosing or treating any medical condition.

Prescription Errors In Pharmacy

Miami prescription errors are typically handled by Miami injury lawyers. These errors occur when a healthcare provider, hospital or pharmacy makes a mistake with a prescription. Medication errors can be fatal. Common prescription errors include prescribing the wrong medicine, prescribing incompatible medications, prescribing medicine the patient is allergic to and prescribing the wrong medication dosage.

  • Pharmacy Mistakes Related With Product Labeling: A pharmacist may be liable for injuries caused by incorrect product labeling. Mistakes can include failing to provide usage instructions and drug-related warnings. Medication labels can show the wrong name or the wrong medicine. Mislabeling a prescription can result in serious injury, a drug overdose or death. Prescription labeling mistakes can also cause under-dosing, poisoning and toxicity.
  • Dispensing Error: Dispensing errors include giving a patient the wrong drug or dispensing the right drug at the wrong dosage. Other errors include failing to identify and warn the patient about potential drug interactions and contraindications.
  • Prescription Refills Without Proper Authorization: Pharmacists cannot refill prescriptions without a doctor's authorization. Prescriptions sometimes come with physician-authorized refills. However, when all of the medication has been taken, and all of the refills are used up, a pharmacist can only provide additional refills with a doctor's explicit authorization.
  • Negligence On Monitoring Medication Use: Pharmacists must offer to discuss prescriptions with patients or they can be found negligent. The discussion might include a description of the medicine and what it does, what the proper dosage is and how or when to take it. The pharmacist must also inform the patient about any potential side effects or adverse drug reactions.
  • Order Communication Errors: By law, pharmacists are required to provide patients with warnings about any known dangerous drug interactions and any possible complications that may result from prescription medication use. If the pharmacist sees any irregularity in the prescription, that pharmacist must double check the medication order with the prescribing physician before dispensing the medicine to the patient.
  • Pharmacy Errors Involving Expired Drugs: If you or a loved one has suffered or been injured because a pharmacist filled your prescription with an expired medication, contact a Miami injury lawyer immediately. You may be able to sue the pharmacist and receive compensation for any losses you sustained.

Pharmacy Error Lawsuit

In order to win a lawsuit for a prescription error, you must prove beyond a reasonable doubt that the prescription error was to blame for your existing injury. It's not enough to show that you suffered harm because of a prescription medicine error. Rather, you have to show that if the prescription error had not occurred, you would not be suffering now. A Miami injury lawyer has the experience and expertise to best represent your interests in a pharmacy error lawsuit.

Pharmacist Duty Of Care

The Pharmacist Duty Of Care means that a pharmacist must be equipped to carry out the duties of the pharmacy profession. The pharmacist must demonstrate a level of skill, knowledge and expertise that's comparable to that possessed by others in the pharmacy profession. The pharmacist must also be knowledgeable about prescription medications and have the ability to discriminate between them.

If Duty of Care is violated, the pharmacist may be liable for damages. Pharmacists must take all reasonable precautions when dispensing medications, and if the pharmacist suspects that a prescription may be illegal or harmful to a patient, that pharmacist is duty-bound to check the order with the prescribing physician.

Demonstrating Patient Harm And Pharmacy Liability

Pharmacy errors have become increasingly common in Miami, and the frequency of medication errors has sparked a flurry of lawsuits throughout the U.S. When medication errors cause harm or death to patients, pharmacies can be held liable. Patients are seeking compensation for pharmacy errors while regulatory agencies are taking disciplinary action against pharmacists. When a pharmacist breaches Duty of Care by making a medication mistake that injures a patient, pharmacy malpractice lawyers can show that Duty of Care was violated and that pharmacists must be held responsible for any pain and suffering they cause.

Pharmacy Error Lawsuit Damages

If you or a loved one have been injured by a pharmacy error or by pharmacist negligence, a pharmacy malpractice attorney can help you get compensatory damages to cover your medical bills, pain, disability, suffering, lost wages and emotional trauma. The pharmacist responsible for the error may suffer punitive damages, especially if that pharmacist has already been convicted of malpractice.

Reporting Pharmacy Errors

Medication errors and adverse drug reactions should be reported to a national or international reporting program. These databases were created to warn healthcare workers and pharmacists about problems and potential problems related to medication errors.

Lawsuits Against Pharmaceutical Companies

Some medication errors are caused by pharmaceutical companies. Pharmaceutical manufacturers may be charged with medication error if their drugs are not fit for their intended use. Lawsuits involving pharmaceutical companies are usually considered product liability cases and governed by state law.

Miami Pharmacy Malpractice Lawyers Provide Legal Solutions For Your Case

If you or a loved one have been hurt because of a medication error or a pharmacist's negligence, a Miami injury lawyer can provide a legal solution for your problem. A Miami personal injury attorney can help you to determine whether you have a case and advise you on how to proceed. Consultations with Miami pharmacy malpractice lawyers are free, and you pay nothing unless you win your case.