When a pharmacist provides a patient with the wrong medication, and the patient suffers harm as a result of the pharmacist’s error, the patient may be entitled to monetary compensation though a Maryland pharmacy error lawsuit. However, while these cases seem to present straightforward and easily identifiable issues, in practice, pharmacy error cases can be extremely complex. Most often, these complexities arise when attempting to establish causation.
Some pharmacy error cases, however, are straightforward, and liability is more easily established. When this is the case, it is more likely that the defendant pharmacy will opt to settle the case out of court rather than take the case to trial.
Regardless of the specific facts at issue, pre-trial settlements can help both sides in a Maryland personal injury case. For one, settlement agreements allow for each side to know exactly what the outcome of the case will be without the uncertainty of having a trial. This allows for pharmacies to more accurately gauge what their liabilities will be and allows for the victims to have a firm grasp on how much compensation they will receive for their injuries. In addition, pre-trial settlements can result in the efficient resolution of a case, often saving months, if not years. For these reasons, among others, it is estimated that approximately 95% of all civil cases result in the parties settling the case out of court.
Pharmacy Error Case Settles for Statutory Maximum
Earlier this month, a man who lost his wife after she was given the wrong dosage of an opioid pain medication settled a wrongful death case with the pharmacy that filled the prescription. According to a local news report, the woman had been prescribed methadone for the past year, and she had the prescriptions filled without incident. However, in June 2014, the medication provided to her by the pharmacist contained double-strength medication. The woman took the medication as prescribed and was found dead four days later.
The woman’s husband filed a wrongful death case against the pharmacist, who admitted that he made an error in filling the prescription. However, the case was scheduled for trial so that the jury could determine whether the pharmacist’s error was the legal cause of the woman’s death. Rather than proceed to trial, however, the woman’s husband accepted a settlement offer for $325,000, the statutory maximum for that specific type of wrongful death claim.
Have You Been Injured by a Maryland Pharmacy Error?
If you or a loved one has recently been injured after being provided the wrong medication by a pharmacist, you may be entitled to monetary compensation. The dedicated Maryland personal injury attorneys at the law firm of Lebowitz & Mzhen, LLC have extensive experience handling a wide range of personal injury cases, including Maryland pharmacy error cases. To learn more, and to schedule a free consultation to discuss your case, call 410-654-3600 today.
More Blog Posts:
Recent Pharmacy Error Causes Patient “Horrendous” Symptoms, Pharmacy Error Injury Lawyer Blog, February 1, 2018.
Court Discusses Potential Scope of Liability Against Brand-Name Drug Manufacturer in Case Involving Generic Medication, Pharmacy Error Injury Lawyer Blog, January 15, 2018.