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Hodges & Foty, LLP > Legal Advice  > Pharmacy Errors: Patient Harm and Your Legal Rights

Pharmacy Errors: Patient Harm and Your Legal Rights

medications contributing to pharmacy medication errors
Legally reviewed by David W.Hodges and Don J. Foty

Research from Georgetown University found that over 131 million people in the U.S. take at least one prescription medication. When a pharmacy properly fills and dispenses medication, it plays a vital role in keeping people healthy.

Unfortunately, pharmacy errors can lead to serious health issues, injuries, or even death. When a pharmacist or a member of his or her team makes a prescription error, they commit pharmacy malpractice. Regardless of why these mistakes were made, an attorney may be able to help you or your loved one receive compensation for your injuries.

Hodges & Foty is a law firm with 50+ years of cumulative experience fighting for victims of pharmaceutical errors. In this post, you’ll find out the common types of errors that can happen at pharmacies. You’ll also learn the harm these mistakes cause and what you can do about it.

Types of Pharmacy Errors

According to the Academy of Managed Care Pharmacy (AMCP), medication errors harm 1.5 million people annually. Errors made by pharmacies typically come in three forms.

  • Incorrect Medications: Occurs when a pharmacy fills your prescription with the wrong medication.
  • Wrong Dosages: This happens when a pharmacy fills the correct prescription but at an incorrect dosage.
  • Not Identifying Drug Interactions: This takes place when a pharmacy fills multiple medications causing negative interactions with each other.
  • Severe Reactions: This happens when a pharmacist prescribes medication to a patient who has a known allergic or other severe reaction to the prescription.

How Pharmacy Errors Harm Patients

pharmacy errors leading to medication mistakes

A medication error is a medication-related mistake that harms or can cause potential harm to a patient. Since each person’s body and tolerances differ, pharmacy medication errors can cause minor discomfort, or they can lead to severe injuries or death. Here are several examples of the severe effects of a medication error.

  • Damaged Organs: Some people take medication to keep organs such as the heart, kidneys, or liver functioning properly. If people who depend on this type of medication receive an incorrect medication dosage, it can cause organ damage.
  • Organ or System Failure: Errors made by pharmacies can also cause a more severe form of damage called organ or system failure. These situations happen when severe damage completely shuts down an organ or multiple organ systems.
  • Oxygen Loss: Even just a short bout of oxygen loss can lead to permanent damage. These side effects can include worsening speech, motor skills, or cognition.
  • Death: Whether due to missing medication, incorrect medication, or accidental overdoses, severe medication errors can result in death.

What to Do After a Pharmacy Error Happens

An image of medications in capsule form

Being the victim of a medication error can cause understandable panic, confusion, and anger. Here’s what to do if you suspect a pharmacy medication error happened to you.

Seek Medical Attention

The most important factor after a medication error is your well-being. Seek immediate medical attention whether you perceive the error as mild or severe.

If you’re dealing with a serious medication error causing potentially life-threatening injuries, a medical facility can help purge dangerous medicines from your body.

Gather Evidence

Another crucial step to strengthen your pharmacy medication error claim is having sufficient evidence. In this case, evidence can include receipts or any other documents given to you by the pharmacy or pharmacist in question. An attorney can help you discover what is and isn’t potential evidence.

Contact a Law Firm

The process of filing a claim against a pharmacy can be complex. How do you know if your claim is legitimate? Do you file your lawsuit against a pharmacy or a pharmacist? A law firm specializing in pharmacy and prescription errors can answer all your questions.

Hiring a law firm ensures you have legal representation. A law firm can help you provide sufficient proof of another party’s guilt and your need for compensation. A skilled legal team can also help during potential negotiations with the other party.

Pharmacy mistakes can happen whether you or a loved one fills prescriptions at a local pharmacy or a national chain. Fortunately, you have the right to file a claim against the party committing pharmacy errors. Fill out our form for a free case evaluation today. Hodges & Foty doesn’t charge a retainer or consultation fee. You only pay if you win your case.

David Hodges

David W. Hodges is an attorney at Hodges & Foty who specializes in a wide array of cases from class action wage and hour litigation to personal injury. He is Board-Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and has practiced law for more than 26 years. He has been recognized as a top 100 lawyer by the National Trial Lawyers and he is often interviewed by the media to give legal insight on various issues facing everyday Americans. As an advocate for victims, David has recovered tens of millions of dollars on behalf of his clients.

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