Prescriptions errors can occur in a number of ways. Perhaps the most commonly seen prescription error, however, is when a pharmacist provides one patient’s properly filled prescription to another patient. The patient who receives the incorrect medication risks having an adverse reaction to the unprescribed pills and also risks an exacerbation of their current condition, due to not receiving their prescribed medication.
Prescription errors can often be prevented by a patient’s vigilance. However, the burden of ensuring the safe dispensing of medication should not lie with the patient. Indeed, the law allows for patients who have been injured as a result of a pharmacist’s mistake to seek compensation for their injuries through a personal injury lawsuit.
Many lawsuits brought against allegedly negligent pharmacists are defended in a similar manner. Specifically, the pharmacist will argue that the patient’s injuries were not caused by the pharmacist’s mistake. Since the burden rests with the patient to prove their case, this tactic can work for many pharmacists. However, an experienced personal injury attorney can assist pharmacy error victims by seeking out reliable and credible medical experts to explain to the judge or jury whether the ingestion of a foreign medication may have caused a new illness or disease or exacerbated an existing one.