Each year, countless people are injured as the result of pharmacy errors and negligence. As Michigan pharmacy malpractice lawyers and pharmacy injury attorneys, we represent those injured as the result of pharmacist negligence and seek for our clients the full compensation to which that are entitled.
If you or a loved one was injured as a result of a pharmacy error, we invite you to call our office to schedule a free consultation. As experienced pharmacy malpractice lawyers, we can listen to the facts of your case, explain your legal options, and tenaciously fight for justice and maximum compensation.
What is Pharmacy Malpractice?
Pharmacy malpractice is a form of professional negligence. Professional malpractice consists of the failure of a professional to meet recognized standards of care in the given profession.
Pharmacy malpractice involves errors made by pharmacists or pharmacy staff that result in harm to patients. Common pharmacy errors can include:
- dispensing the wrong medication,
- incorrect dosage, or
- failing to recognize harmful drug interactions.
When these mistakes lead to injury, illness, or exacerbation of an existing condition, it’s crucial to seek legal guidance from a pharmacy malpractice law firm.
Pharmacy Errors Are On The Rise
A state investigation into a CVS store in Virginia Beach revealed a 37% error rate in a sample of 200 prescriptions reviewed. Such a high error rate is alarming and indicates systemic problems that go beyond individual errors, including chronic understaffing and unsustainable workloads that make it impossible for pharmacists and technicians to focus adequately on their tasks. These conditions not only increase the risk of mistakes but also hinder the pharmacy staff’s ability to catch and correct errors before they reach the patient.
The investigation highlighted multiple instances of grave errors, such as dispensing a hundred extra doses of Percocet, a powerful opioid, or giving a patient an antibiotic they were known to be intolerant to, leading to an emergency room visit. Another patient received the correct medication but with wrong instructions, a mistake that could have dangerous outcomes.
How Is Pharmacy Malpractice Common?
The rising problem of pharmacy malpractice can be attributed to several factors:
- Increased demand on pharmacies. With the growing volume of prescriptions and added responsibilities such as vaccinations and testing, pharmacies are under more pressure than ever.
- Understaffing and budget cuts. Many pharmacies, especially those part of large chains, face staffing shortages and budget constraints, leading to overworked pharmacists and technicians.
- Complexity of medication regimens. Patients today often have complex medication regimens, increasing the potential for errors.
- Lack of adequate checks and balances. In some cases, the workflow and protocols in pharmacies may not provide sufficient checks to catch errors before medications are dispensed.
These systemic issues suggest that addressing pharmacy malpractice requires a multifaceted approach, including improving staffing levels, enhancing training and support for pharmacy staff, and implementing more robust systems to catch errors. It also underscores the importance of patients being vigilant about their medications and advocating for themselves by asking questions and confirming that the details of their prescriptions are correct.
How Can a Pharmacy Malpractice Lawyer Help?
A pharmacy malpractice attorney plays a pivotal role in navigating the complexities of malpractice claims. They work diligently to gather evidence, consult medical professionals, and build a compelling case on behalf of the victim. As pharmacy malpractice lawyers with decades of legal experience, our goal is not only to secure compensation for the injured party but also to hold the responsible parties accountable for their actions.
How Do I Know If I’ve Been a Victim of Pharmacy Malpractice?
If you’ve experienced adverse effects after taking medication that was dispensed to you, it may be due to a pharmacy error. Signs include receiving medication that doesn’t match your prescription, experiencing unexpected side effects, or not achieving the anticipated improvement in your condition.
What Should I Do If I Suspect Pharmacy Malpractice?
If you suspect pharmacy malpractice, taking immediate and appropriate steps is crucial to ensure your safety and to address the issue medically and legally. A pharmacy negligence lawyer can help. Here are the steps you should follow:
- Seek Medical Attention. If you or a loved one experiences adverse effects after taking medication that you suspect was dispensed incorrectly, seek medical attention immediately. Explain your concerns to the healthcare provider, including any symptoms and the medication you took. This step is vital for addressing any immediate health risks and documenting the incident from a medical standpoint.
- Preserve the Evidence. Keep the medication, the original container, and any packaging or paperwork provided by the pharmacy. This evidence is crucial for any investigation or legal action. Do not dispose of or return the medication until you have consulted with a legal professional.
- Document Everything. Write down everything related to the incident while it’s fresh in your mind. Include dates, times, names of the pharmacy and pharmacists or technicians involved, the medication you were supposed to receive, what you received instead, and any communications with the pharmacy. Also, document any symptoms or adverse effects experienced.
- Contact the Pharmacy. Inform the pharmacy of the error. This step can alert them to a potential systemic issue, prompting them to take corrective actions to prevent future mistakes. However, be mindful of what you say and avoid making any formal statements or accepting any offers until you have legal representation.
- Consult a Pharmacy Malpractice Lawyer. Reach out to a pharmacy malpractice attorney to discuss your case. We can provide you with legal advice, help you understand your rights, and explain the options available to you for seeking compensation or corrective action.
- Report the Incident. Consider reporting the incident to the appropriate regulatory bodies. This could include the state board of pharmacy, which oversees pharmacy practice and can investigate complaints of malpractice. Reporting the error can contribute to broader efforts to improve pharmacy practices and prevent similar incidents.
- Follow Up on Your Health. Continue to monitor and address any health issues that arose from the pharmacy error. Follow up with your healthcare providers as needed to ensure your well-being is prioritized and any adverse effects are managed.
Taking these steps can help you navigate the aftermath of a suspected pharmacy malpractice incident, protecting your health and legal rights. It also contributes to a larger effort to hold pharmacies accountable for their practices, ultimately leading to safer prescription drug use for everyone.
How Long Do I Have to File a Pharmacy Malpractice Claim in Michigan?
In Michigan, the timeframe to file a pharmacy malpractice claim is governed by the statute of limitations. This law sets the deadline by which a lawsuit must be initiated in court. For pharmacy malpractice claims in Michigan, the statute of limitations is generally two years from the date of the act or omission that gave rise to the injury. This means you have two years from the date the pharmacy error occurred to file a lawsuit.
However, there are exceptions and nuances to this rule that can affect the deadline:
- Discovery Rule. If the injury or error was not discovered right away, Michigan’s discovery rule might apply. This rule allows the statute of limitations to start at the time the injury was discovered, or should have been discovered with reasonable diligence, rather than the date the error occurred. However, there is a limitation to this exception; a lawsuit cannot be filed more than six years after the date of the act or omission, except for certain circumstances.
- Minors. If the victim of pharmacy malpractice is a minor, the statute of limitations may be extended, allowing the claim to be filed by the time the minor reaches a certain age. If the minor is under the age of 8 at the time of the malpractice, then an action must be commenced by their 10th birthday. If the minor is under the age of 13 at the time of the malpractice and the malpractice caused an injury to the minor’s reproductive system, then the action must be commenced by the minor’s 15th birthday.
- Disability. If the person injured by the pharmacy malpractice is legally incapacitated or disabled, there may be an extension of the deadline to file a claim until the disability is removed.
As experienced pharmacist malpractice lawyers, we can help determine the exact deadlines that apply to your case and ensure that your claim is filed timely, protecting your rights to seek compensation.
What Compensation Can I Expect From A Pharmacy Malpractice Lawsuit?
Compensation can cover medical expenses, lost wages, pain and suffering, and other damages related to the malpractice. The exact compensation to which you may be entitled will depend upon the specifics of your case, including the extent of your injuries and the impact on your quality of life.
Schedule A Free Consultation With An Experienced Pharmacy Malpractice Attorney
Pharmacy malpractice can have profound effects on a patient’s health and well-being. If you or a loved one has suffered due to a pharmacy error, it’s essential to seek the guidance of a knowledgeable pharmacy malpractice attorney. At Olsman MacKenzie Peacock & Wallace, we’re committed to advocating for the rights of patients affected by pharmacy negligence. Contact us today to schedule a free consultation to learn more about how we can assist you in your pursuit of justice.
Our approach is centered on understanding your experience and striving for the resolution you deserve. We invite you to reach out to us for a comprehensive evaluation of your case and to discuss how we can make a difference in your recovery journey.