Court Rejects Defendant’s Claim that Plaintiff’s Case Was Filed Too Late

After any Maryland pharmacy error, one of the first things to consider is when a claim must be filed. A plaintiff’s failure to file a lawsuit within the allowable time will likely result in the dismissal of the claim. In a recent decision in a pharmacy error case, the judge considered whether the plaintiff’s lawsuit was filed on time.

The Facts

According to a local news report discussing the recent decision, the 90-year-old patient had a prescription filled at a pharmacy and suffered an overdose. The woman’s son alleged that she was given an excessive amount of her prescription. A pharmacy assistant allegedly prepared the medicine to be taken once a day instead of once a week as prescribed.

Evidently, the pharmacist noticed the error before the prescription was dispensed and told the assistant to remove the extra tablets. However, the assistant left excessive tablets in the blister packages, and the pharmacist did not check the packages. The patient was admitted to the hospital a few weeks later, and subsequently died from an “acute overdose of medication,” according to the medical examiner’s report.

The defendants claimed that the case was filed too late, because it was not filed within a year from when the medication was dispensed. However, the court found that it did not need to be filed within that time and that it was properly filed within one year of the patient’s death, allowing the case to move forward.

Statutes of Limitation in Maryland Personal Injury Cases

The statute of limitations is the period during which a particular claim must be filed. The length of the time depends on the type of claim being filed, and when the incident occurred.

Generally, in Maryland personal injury cases there is a three-year statute of limitations. Similarly, there is a three-year statute of limitations for Maryland wrongful death claims. Medical malpractice claims must be filed within five years of the time the injury was committed, or within three years of the time the injury was discovered, whichever is earlier.

Understanding the type of claim being brought and when the claim must be filed is an essential first step in any case. In some cases, the statute of limitations may be extended or delayed, such as when the plaintiff is incapacitated, or if an injury was not discovered until a later date.

Recover Damages for Your Injuries

The consequences of a pharmacy error can be devastating, and you may be entitled to compensation for the injuries you have sustained as a result of a pharmacist’s negligence. To ensure that your case is handled correctly, be sure to consult with an attorney as soon as possible. The personal injury attorneys at Lebowitz & Mzhen have over twenty years litigating claims related to medication errors and pharmacy misfills in the Baltimore area. We also handle claims in Virginia and Washington, D.C. We work closely with medical experts to evaluate your claim and will aggressively pursue the compensation you deserve. Contact us online, or call us toll-free at 1-800-654-1949 or 410-654-3600 for a free consultation.

More Blog Posts:

More People Are Getting Flu Shots in Alternative Settings Across Maryland and the Rest of the US, Pharmacy Error Injury Lawyer Blog, November 8, 2018.

New Technology Aims to Address the Danger of Prescription Errors in Maryland and throughout the United States, Pharmacy Error Injury Lawyer Blog, November 15, 2018.

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