Yesterday, a potential client called me concerning injuries that she sustained when a pharmacist employed by a Baltimore hospital had made a pharmacy error which resulted in her being given the wrong medication for an extended period of time. This middle aged woman explained that she received the wrong antibiotic which failed to control her infection. She explained that she was stuck in the hospital for many extra days as a result of the pharmacy error, and that she was unable to be with her family on Thanksgiving.
Before telling me the facts of this case, this potential client asked me a very appropriate question: “What do I need to show in order to win my case?”
Pharmacy misfill cases are tort cases, or cases brought pursuant to the negligence laws of the state of Maryland and the District of Columbia. There are four basic elements to every successful negligence case:
Duty: Hospital or drugstore pharmacists are professionals who must fill prescriptions in a reasonably competent manner. The pharmacist must fulfill his or her duties carefully, and with a close attention to detail.
Breach of Duty: A pharmacist’s failure to fill a prescription accurately (or provide competent advice). Carelessness, distractions or allowing a pharmacy technician to perform the activities properly reserved for the pharmacist are common causes for a breach of duty.
Causation: As a result of the carelessness of the pharmacist, the wrong medicine is given, and the customer or patient sustains injuries, harms, losses or damages.
Damage: Injuries, harms and losses, including a prolonged recovery from surgery, illness or sickness, death, disability and impairments that can be temporary or permanent, lost wages and additional medical bills, are all common forms of damages
In this case, I was able to advise this lady that I would be able to assist her. If you would like to discuss a potential negligence case involving a pharmacist or pharmacy, please feel free to contact the Pharmacy Error Injury Lawyer by email at firstname.lastname@example.org, or by telephone at 1-888-311-HURT.