Pharmacy Malpractice Insurance Companies Advice to Pharmacists Facing A Claim: Admit Nothing

There are many reasons why I believe that someone injured due to a Maryland pharmacy error should hire an attorney. One of the reasons is that pharmacists are instructed by their malpractice insurance companies to avoid admitting that they have done anything wrong, even when the pharmacist knows that he or she was sloppy, careless, wrong or negligent, and that injury and harms resulted to the patient.

The instruction to pharmacists to be silent in the face of causing injury to a pharmacy customer was re-emphasized in a letter sent within the last two weeks to pharmacists by a very large pharmacists’ malpractice insurance carrier. The letter contained a plastic card which the pharmacist was told to “KEEP THIS CARD IN A SAFE PLACE.” The full instructions to the pharmacist, as contained on the card, stated:

WHAT TO DO IF YOU’RE SUED:

1. Contact. . . [insurance company] as soon as you are aware of a potential claim.
2. Do not discuss claim with anyone – including the patient.
3. Do not sign/accept any document without approval from your. . . [insurance company] Claims Consultant.
4. Do not admit liability or agree to any settlement proposal.
5. Report any communication you receive immediately to your. . . [insurance company] Claims Consultant.”

So, while your local pharmacist may be pleasant, nice, and generally helpful, if that same pharmacist has been negligent, do not expect the pharmacist to be open and forthright with you. By following the common instructions given by his or her malpractice insurance company, the pharmacist will act as if everything is fine, without acknowledging errors or injury.


If you believe that you have been the victim of a pharmacy error, feel free to contact the pharmacy error lawyers at Lebowitz & Mzhen, LLC at 1-888-311-HURT for a free consultation.

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