When a patient picks up prescription medication from a pharmacy, they assume that the instructions given to them on the medication are correct, and that the medication won’t harm them. But unfortunately, far too many Maryland patients are harmed each year as a result of a pharmacy error. One common type of error is failing to warn the patient about potential side effects that may occur, and when the patient should stop taking the medication because of those side effects.
Pharmacies have a duty to warn their patients about the common side effects of drugs and can be held liable in some instances for injuries sustained if they fail to warn. For instance, if a drug causes drowsiness and patients taking the drug are advised not to drive while on it, the pharmacy must warn patients of this. If not, they could be held liable for injuries resulting from a motor vehicle accident if it was caused by the side-effect of the drug. Plaintiffs bringing a negligence suit in these cases can recover monetary damages if they can prove the elements of a negligence suit: that the pharmacy had a duty to warn their patients, that they breached this duty, that the breach was the proximate cause of the injury, and that real damages were suffered as a result of the injury.
Recently, a state appellate court considered a case arising from this very type of accident. According to the court’s written opinion, the patient had purchased a prescription drug product at her local pharmacy. The bottle given to her with the product had instructions to “Finish All Of This Medicine Unless Otherwise Directed By Your Doctor.” The bottle did not include any warning to stop using the product if the patient developed a skin rash or other adverse reaction.
After taking the medication for a while, the patient’s “skin began to peel off all over her body.” Her condition was so dire that she was transferred to a hospital’s burn unit and was diagnosed with Stevens-Johnson Syndrome and Toxic Epidermal Necrolysis. She remained in critical care in the hospital for seven and a half weeks, amassing serious medical bills.
In the aftermath of such a traumatic, intensive injury, it can be incredibly difficult to navigate the complicated laws of pharmaceutical error and personal injury law. However, patients who incur preventable injuries like the one described above may be entitled to monetary compensation from those responsible, who failed to warn them about the dangerous side effects of the medication and the proper usage. Patients who believe they might have a claim are encouraged to speak with a personal injury attorney, who can advise them on their options in pursuing a legal claim.
Contact a Maryland Personal Injury Attorney Today
If you or a loved one has suffered from a serious side effect of a medication or have been the victim of some other type of Maryland pharmacy error, contact Lebowitz & Mzhen, LLC, today. Our dedicated attorneys have decades of experience representing plaintiffs in medical malpractice and pharmacy error cases in Maryland, Virginia, and Washington, D.C. If successful, you may be awarded monetary compensation for past and future medical bills, lost wages, and the pain and suffering you endured. Call us today at 800-654-1949 to schedule your free consultation.