Liability and Compensation for Pharmaceutical Errors
Who may be Liable for Injuries Resulting From a Pharmacy or Medication Error in Dallas?
Unfortunately, thousands of people are injured by the negligence of their pharmacy. Many people trust and believe that the medication that they receive from their pharmacy is safe and what their pharmacist told them about the medication and how to use it is correct.
If you or a loved one has suffered injuries as a result of a pharmaceutical error, then you might be entitled to seek compensation. Speak with an attorney to discuss your legal claim.
Common Pharmaceutical Errors
Pharmaceutical errors can occur because the pharmacist could have provided you with the wrong type of drug, gave you the wrong dosage, gave you someone else's drug, or they can could have given you a combination of drugs that shouldn't go together. Pharmaceutical errors can also occur because a doctor wrote you the wrong prescription or prescribed you the wrong dosage.
Your pharmacy is the last point in the distribution of a drug and the pharmacist could have made several errors before you receive it. The common errors that are made by the pharmacy are misreading what your doctor prescribed for you, over dosing or under dosing the medication, giving you bad or wrong advice about the side-effects of the drug or providing you with bad advice about how to use the drug. No matter what the situation is, if you have been injured by this reckless disregard for your health, then the pharmacy and your pharmacist is likely responsible.
A lawsuit against a pharmacy will be based on a medical malpractice cause of action.
As such, you will need to prove that the pharmacist was negligent in his capacity as a medical professional. You will also be required to substantiate your allegations by providing testimony from a qualified medical expert who will serve to inform the court of the specific medical protocol that was deviated from by the pharmacist. In other words, allegations that a pharmacist acted inappropriately must be proven to the court based on the evaluation of another similarly qualified pharmacist.
Medical Malpractice is a cause of action that is brought against the doctor or the pharmacist that is responsible for your injuries due to the pharmaceutical error. To prevail in a medical malpractice case against your pharmacist you must be able to prove four elements. The first element is a doctor-patient relationship must have existed at the time you incurred your injuries.
The second element is the pharmacist was negligent in creating the error.
The third element that you will need to prove is that the pharmaceutical error that was created by the pharmacist is the means by which your injuries occurred.
The last element to prove in a medical malpractice case against your pharmacist is the injuries you occurred led to damages that you are entitled to recover.
The purpose of filing a medical malpractice lawsuit is to hold the defendant responsible for your injuries so that you may recover damages or compensation. You can receive compensation for the lost income from being out of work, mental and physical suffering, and medical related costs.
Medical malpractice cases are rather technical in nature and are only successfully resolved when based on extensive research and ample time spent gathering the crucial evidence you will need to win. Hire an attorney that is experienced and will fight for your legal rights. Our attorneys at Grossman Law Offices have been litigating medical malpractice cases in the Dallas area since 1990. Contact our office today to receive a free consultation. Call us at 1-855-326-0000.
Below is a Sample of Our Recent Successful Verdicts & Settlements