Pharmacy Negligence Claim: Factors and When to File a Claim

In Ohio, the law strictly claims that the pharmacist owes the duty of care to the person purchasing medications. Additionally, the pharmacists cannot breach the law under any circumstances, as they can be tried under a pharmacy negligence claim.

Breaching the duty of care can not only lead to potential life-threatening disasters. As, the smallest error by a pharmacist can put a life in danger, it gives enough reason to be extra cautious.

Furthermore, the wrong dose of medication can cause severe reactions, resulting in injuries such as organ failure and internal damage.

A wrong dose can cause different interactions in the body, causing fatal injuries for which the pharmacist will become liable. 

In case of negligence from the pharmacist, a person can end up with severe physical damages. Based on this, the party can file for a pharmacy negligence claim for compensating their losses.

Keep on reading this article to know more about the factors involved in pharmacy negligence claims with some examples.

The Factors That Establish a Valid Pharmacy Negligence Claim

Apparently, pharmacist negligence consists of four factors that connect the pharmacist’s actions to the injury, resulting in a valid claim.

These four factors are often found in any personal injury case. Let’s dive into them:

1. The existence of the duty of care that the pharmacist owes the individual purchasing or acquiring medication from them.
2. The breach of the duty of care is the wrongdoing or mistake that the pharmacist makes.
3. Causation of the individual’s injury, where the injury is directly caused by the pharmacist due to his negligence.
4. The individual’s injury is experienced upon purchasing or acquiring the medication from the pharmacist.

Therefore, in order to pursue a valid pharmacy negligence claim against the pharmacist, the plaintiff must demonstrate these four factors.

Common Examples of Pharmacy Negligence

Different types of pharmacy negligence claims can arise against the pharmacist or the pharmacy entity that they work for.

However, the most common in Ohio, and in all of the United States, is the administration of the wrong medication. 

It can be quite devastating to receive medication that the medical professional has not prescribed to the person to take.

Moreover, the consumption of the wrong medication can severely affect your physical health and cause fatal injuries, leading to life-threatening issues.

Apart from administering the wrong medication, the pharmacist can also administer the wrong dosage of your medication. This, too, can affect your health and cause internal injuries or medical complications.

In some instances, the medication given by the pharmacist is not an incorrect prescription. However, the dosage may need to be higher or lower with the doctor’s approval.

Moreover, the pharmacist must inform the patient or their family members about the side effects of certain medications. 

In case of major side effects, the pharmacist needs to keep the patient aware of what he can expect. And, failure to do so can lead to severe consequences, such as the death of the patient.

So, the pharmacist needs to provide all the information about the medication to the patient to avoid pharmacy negligence claims.

Other Examples of Pharmacy Negligence Claims

Apart from these, pharmacy negligence claims can also result from the pharmacist’s interchanging the prescribed medication between two individuals.

This negligence of the pharmacist can have severe medical issues on both the individuals. 

Moreover, the wrong medication can have extreme side effects for the individuals getting treatment for their problems. This mixing up of the prescriptions of the individuals can cost the pharmacy heavy compensation claims from the victims.

Another type of pharmacy negligence happens when the medicine packaging has wrong dosage directions or instructions. Medications have to come with the right directions for use, as well as the side effects to expect. 

For example, if the drug should be taken before a meal or one hour after a meal, the instructions should indicate that. Moreover, it is the duty of the pharmacist to check the wrong dosage directions before giving it to the patient.

Additionally, taking the drug the wrong way can result in damage to the patient or even death through an overdose. Furthermore, drug interactions can cause problems, like when the patient receives multiple prescriptions and the medication overlaps. 

It is the pharmacist’s duty to inform the patient about the dosage instructions and prevent these injuries. And, failure to do so will eventually lead to pharmacy negligence claims.

The Success Rate of Pharmacy Negligence Claims

Typically, one can sue a pharmacy when they have breached the duty of care, made errors, and caused an injury.

Moreover, the affected individual filing the claim should prove that they have suffered medical harm because of the pharmacy’s errors. 

More often than not, pharmacy and medical mistakes cause significant injuries that warrant a claim or lawsuit for compensation.

Additionally, injured individuals, or their family members in case of their death, often seek compensation. The patient’s family files a compensation claim against the pharmacy to recover from the unfortunate incident. 

Moreover, the compensation covers the medical costs and the loss of work and income, among other damages that require repayment.

Our Advice

“Pharmacists are bound by a rule of law and high safety guidelines when taking and filling patients’ prescriptions,” says Attorney Carasusana Wall of Zoll & Kranz, LLC. 

Ohio law stresses that every pharmacy’s employees must possess proper training to ensure accurate administration of medical prescriptions and medications. 

Moreover, the law stresses on the pharmacist’s inept skills to perform his duty of care properly. The pharmacy firms need to hire skilled and trained individuals to avoid any cases of pharmacy negligence claims.

Additionally, the pharmacy firms can also provide training to their workers to prevent the patients from suffering severe fatalities.

In case, if you have suffered due to a pharmacy’s error in Ohio, you should seek the assistance of a medical malpractice lawyer. They can help you with the legal processes of the pharmacy negligence claims and get maximum compensation for your losses.