Common Issues in Maryland Pharmacy Error Cases

When a pharmacist incorrectly fills a patient’s prescription, the pharmacist may be liable to the patient for any injuries that occur as a result of the medical error. However, in a Maryland pharmacy error lawsuit, a patient must be able to prove not just that an error was made, but that the pharmacist’s error caused them harm. While this may sound simple in theory, in practice the issues of causation and damages often raise significant hurdles.

Take, for example, a recent pharmacy error. According to a recent article, a patient was given a prescription for “Potassium Citrate ER 10 MEQ (1080mg) CR-TABS” after having a procedure to remove several kidney stones. The hospital printed out the correct prescription, and the patient took the prescription to be filled at a satellite location of the hospital pharmacy. However, upon taking it to the pharmacy, the patient was provided with “Potassium CL 10 MEQ 120.”

According to the man’s claim, the hospital’s pharmacy later called a local Rite-Aid to transfer the prescription, at his request. However, rather than calling in the correct prescription, the hospital pharmacy called in the Potassium CL 10 MEQ 120 pills. The man continued to take the medication for seven months, refilling the prescription each month. In total, the patient took the wrong medication for 10 months. During this time, the patient continued to form kidney stones, requiring additional treatment.

Once the error was discovered, the patient began taking the correct medication. Since then, he has not developed any new kidney stones or experienced any related problems. The patient filed a lawsuit against the hospital pharmacy, claiming that if the correct medication would have been initially provided by the pharmacist, he would not have developed kidney stones.

The pharmacy conceded that an error was made, but denied responsibility, making two main arguments. First, that the patient cannot prove that the additional kidney stones were caused by the error or that he could have avoided the additional kidney stones had the correct medication been provided. Second, the pharmacy claims that the patient was contributorily negligent, meaning that he shared blame for the error. Specifically, the pharmacy claimed that the patient failed to take reasonable steps to mitigate his damages or injuries after the pharmacy error occurred. The case is pending, and a result is not expected for some time.

Have You Been the Victim of a Maryland Pharmacy Error?

If you or someone you love has recently been injured as a result of a Maryland pharmacy error, contact the dedicated injury lawyers at Lebowitz & Mzhen, Personal Injury Lawyers, for assistance. At Lebowitz & Mzhen, we represent injury victims and their families in all types of Maryland medical malpractice claims, including prescription error cases, failure-to-diagnoses cases, and surgical error cases. Our team of skilled trial attorneys handles claims across the Maryland, Virginia, and Washington, D.C. area. We also proudly provide free consultations to all prospective clients to discuss their case and how we can help. To learn more, call 800-654-1949 to schedule your free consultation with an experienced attorney today.

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