Pharmacy Denies Liability in Alleged Medication Misfill

In October of last year, the parents of a young boy who suffers from a serious kidney condition discovered that the medication they had been giving their son on a daily basis was not the correct medication that had been prescribed by the boy’s doctor. According to a recent article discussing the family’s fight for justice, the pharmacy where the alleged error occurred is denying liability for the mistake, claiming that the prescription was properly filled.

According the article, the seven-month old boy was diagnosed with a serious kidney disorder at birth. Since then, he has had to undergo two surgeries and is required to take daily medication. After his second surgery, his mother filled her son’s prescription at a local pharmacy and gave her son the medication as directed.

When the mother went to the same pharmacy to refill the prescription, she noticed that the medication she was provided looked different from what she had been giving her son for the past month. Thinking that the pharmacist made an error in filling the refill, the mother brought the pills back to the pharmacy. However, the pharmacist told her that the refill was filled correctly, meaning that the initial prescription may not have been correct.

Upset that she had been giving her seven-month-old son the wrong medication for an entire month, the mother contacted the state board of pharmacy licensing, which is still investigating the claim. However, the pharmacy released a statement denying that a pharmacy error occurred, claiming that a “thorough review of the safety procedures during the filling of the prescription in question found that all steps were performed correctly and no error was made.”

The Difficulties of Proving a Pharmacy Error Claim

Pharmacy error claims can be difficult to prove for a number of reasons. One of the main reasons is that there is too often little to no evidence of which medication was actually provided to the patient by the pharmacy because by the time an error is discovered, the patient has consumed all of the medication. Other times, medication is returned to the pharmacy, which in turns destroys it. However, a dedicated pharmacy error attorney knows where to look for evidence of a mistake, including pharmacy logs. Similarly, medical expert testimony may help establish that the symptoms a patient suffered in the wake of the mistake were likely caused by the ingestion of a non-prescribed drug. In any case, a dedicated pharmacy error attorney should be consulted prior to proceeding with any claim against a pharmacy.

Have You Been a Victim of a Pharmacist’s Negligence?

If you or a loved one has recently been a victim of a pharmacy error, you may be entitled to monetary compensation. The skilled personal injury, wrongful death, and pharmacy error attorneys at the Maryland-based law firm of Lebowitz & Mzhen Personal Injury Lawyers have decades of experience helping injured clients seek the compensation they need and deserve. Our dedicated team of pharmacy error attorneys know where to look for the evidence that can help prove our client’s cases. Call 410-654-3600 to set up a free consultation with a dedicated injury advocate today.

More Blog Posts:

Registered Nurses Too Often Fail as a Last Line of Defense Against Medication Errors, Pharmacy Error Injury Lawyer Blog, January 23, 2017.

Family of Pharmacy Error Victim Disappointed with Pharmacist’s Two-Month Suspension, Pharmacy Error Injury Lawyer Blog, February 1, 2017.

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