Medical errors, especially pharmacy errors in dosage, cause particularly high stakes. Every year, numerous individuals experience adverse effects due to the wrong medication dosages prescribed by pharmacies. If a pharmacy gave wrong medication, it is essential to understand your rights and how to seek legal recourse.
In this article, we will guide you in navigating the legal process and hold responsible parties responsible for these errors. This is essential information to help you protect your rights. Keep reading!
What are Pharmacy Dosage Errors?
Pharmacy dosage errors are mistakes during the prescribing, transcribing, dispensing, or administering of medication. The result is incorrect dosages given to patients.
These errors can be overdoses (excessive medication), underdoses (insufficient medication), incorrect frequency of administration, or the administration of wrong medication.
The reasons for those errors can be miscommunication, illegible prescriptions, distractions, or inadequate verification. Pharmacy dosage errors could cause serious harm to patient safety. It is necessary to have legal recourse to hold responsible parties accountable for appropriate compensation.
Common Types of Dosage Errors
- Overdose: When a patient receives a higher dosage of medication than what was prescribed. It can lead to adverse effects, toxicity, or even life-threatening.
- Underdose: When a patient receives less medication than the prescription. It will lead to ineffective treatment, inadequate symptom relief, and failure to achieve the intended purpose.
- Incorrect frequency: When the frequency of a medication is incorrect, patients may take the medication too frequently or not frequently enough. It will result in suboptimal treatment outcomes.
- Wrong medication: Mislabeling or confusion between similar drug names can lead to patients receiving the wrong medication. The patients can suffer serious consequences, particularly when they are allergic to any elements in the medication.
Immediate Actions to Take
When you discover a pharmacy gave wrong medication, follow the below steps to protect your well-being and strengthen your case in front of legal recourse.
Documenting the Error
The first step is to document the pharmacy dosage error with detailed records of the medication, including the name, strength, and dosage. Also, you can take photos of the prescription, medication labels, or packaging for the evidence.
In addition, you should write down the information of what transpired on the date, time, location, and the involved individuals. It is also helpful to provide conversations with healthcare providers or pharmacists.
These documents will help you recall important details to use as valuable evidence during legal proceedings.
Seeking Medical Advice
After that, you should promptly seek medical advice. Your health and safety should be the top priority. Contact your healthcare provider or consult to have them assess any health risks caused by the error. They will give you medical guidance to address any immediate concerns.
During the medical consultation, you can provide detailed information on the pharmacy dosage error, including the medication specifics, dosage discrepancy, and any adverse effects. The professional will evaluate your condition, provide necessary treatment, and reinforce your case for seeking legal recourse.
Reporting the Error
Reporting the pharmacy dosage is crucial because it alerts the appropriate authorities to potential risks within the pharmacy system. Moreover, it establishes an official record of the error, which is vital for your legal case. You should contact your local regulatory body, like the state board of pharmacy, to receive your reporting requirements and procedures.
When reporting the error, provide all relevant details that you have documented. This effort will strengthen your position, and help protect others from similar incidents as well.
Understanding Your Legal Rights
When you are aware of your legal rights regarding pharmacy dosage errors, it will empower you to take appropriate actions and seek compensation.
See more: Can you sue a pharmacy for giving you the wrong dosage?
Patients’ Rights in Pharmacy Errors
As a patient, you have certain rights regarding pharmacy dosage errors. Here are some of them:
- Right to safety and quality care: You have the right to receive safe and accurate medication with prescribed dosages. Pharmacy errors impacting your safety and well-being are a violation of this right.
- Right to informed consent: You should know everything about your prescribed medication, including its purpose, potential side effects, and proper dosage.
- Right to compensation: If you suffer from a pharmacy dosage error, you can seek compensation for the loss.
Potential Claims and Compensation
When seeking legal recourse, consider the following claims for compensation:
- Medical malpractice: Take a medical malpractice claim if it is negligence of the standard of care. You can prove the healthcare provider or pharmacy gave wrong medication.
- Product liability: If the error is because of a manufacturing or labeling issue, you can claim against the pharmaceutical company or drug manufacturer.
- Breach of contract: You may have this claim when the pharmacy or healthcare provider did not fulfill the responsibilities in your agreement or prescription.
Preparing for Your Case
When seeking legal recourse, you will need to have thorough preparation to build a strong case. It involves gathering evidence and understanding the legal process.
Gathering Evidence
- Collect all medical records relating to the wrong medication, including prescriptions and pharmacy receipts. These records should indicate the prescribed dosage, the dispensed dosage, or complications resulting from the error.
- You might need to consult with medical experts for its impact on your health. These experts can establish the standard of care and provide critical insights to support your case.
- If there were witnesses during the incidents, it is helpful to gather their testimonies. They can be healthcare providers, pharmacists, or individuals who observe the error.
- You should take photos of medication containers or labels involved in the error. Also, it is necessary to document any visible resulting symptoms or injuries.
- Record all financial losses caused by the pharmacy dosage error. They include medical bills, receipts for additional treatments or medications, or lost wages.
Understanding the Legal Process
- Consult with an attorney: An experienced attorney in medical malpractice will guide you through the legal process. They can evaluate the strengths of your case and provide tailored advice for your situation.
- Understand the statute of limitations for filing a lawsuit. This period is spent for prescribing which legal action must be initiated. If you cannot meet this deadline, your case can be dismissed.
- Prepare for settlement discussions: Your attorney will work on your behalf to negotiate fair compensation. What are the advantages and disadvantages of accepting a settlement offer? And what is the potential outcome of a trial? You should answer these questions in advance.
- Familiar yourself with the court process. You should understand your role as a witness and prepare your evidence and testimony accordingly.
- Look for emotional support: Legal proceedings can be emotional challenges. You should seek support from friends and family to help you navigate the process with resilience and strength.
Seeking Legal Recourse
When the pharmacy gave wrong medication and you are injured, you need to seek legal recourse. At that time, it is crucial to consult with experienced professionals for this legal process. That’s why Fort Walton Beach personal injury attorneys come in to help accident victims obtain the deserved compensation. The team has expertise in handling various personal injury cases and can provide the necessary legal representation.
In Conclusion,
When a pharmacy gave wrong medication and you need to seek legal recourse, it is important to take immediate action. Contact an experienced attorney specializing in pharmacy errors to help you navigate the legal process and receive the compensation you deserve. Do not hesitate to reach out to Browning Law Firm, P.A. Their team of dedicated attorneys can provide you with the guidance and support you need.