Pharmacy Error Injury Lawyer Blog
A pharmacy misfill lawsuit in Maryland allows a patient who received the wrong medication — or the wrong dosage of the correct medication — to seek compensation for injuries caused by the pharmacist’s error. These claims fall under Maryland’s medical malpractice framework and must be filed within the deadlines set by Md. Code, Cts. & Jud. Proc. § 5-109, which generally requires that a claim be brought within five years of the injury or three years from the date the injury was discovered, whichever is earlier.
Pharmacy errors happen far more often than most patients realize. The U.S. Food and Drug Administration reports that medication errors contribute to at least one death every day nationwide. Maryland patients harmed by a prescription mistake may benefit from speaking with a pharmacy misfill attorney who understands both the medical and legal complexities of these cases. Lebowitz & Mzhen Personal Injury Lawyers handles pharmacy error claims throughout Maryland, including in Baltimore, Montgomery County, Prince George’s County, and the surrounding communities.
What Is a Pharmacy Misfill?
A pharmacy misfill is a preventable medication error in which a pharmacist dispenses the wrong drug, the wrong dosage, an incorrect quantity, or medication intended for a different patient. Under Maryland law, a pharmacy misfill claim is treated as a medical malpractice case because pharmacists are licensed healthcare providers held to a professional standard of care.
That standard requires a pharmacist to exercise the same degree of care and skill that a reasonably competent pharmacist in the same geographic area would use when filling a similar prescription. When a pharmacist falls below that standard — by misreading a prescription, ignoring a dangerous drug interaction, or failing to verify patient identity — and the error causes harm, the pharmacist and the pharmacy may be liable for the resulting damages.
Common types of pharmacy misfills include:
- Dispensing the wrong medication entirely
- Providing an incorrect dosage strength
- Failing to flag a known drug allergy
- Substituting a generic that is contraindicated for the patient
- Mislabeling a prescription bottle with incorrect instructions
How Do You Prove a Pharmacy Error Claim in Maryland?
Proving a pharmacy misfill lawsuit in Maryland requires the plaintiff to establish four elements: duty, breach, causation, and damages. The pharmacist owed a duty of care to the patient. The pharmacist breached that duty by failing to meet the applicable standard of care. The breach directly caused the patient’s injury. And the patient suffered actual, compensable damages as a result.
Because pharmacy error cases are classified as medical malpractice under Maryland law, plaintiffs must comply with additional procedural requirements before filing suit. Under Md. Code, Cts. & Jud. Proc. § 3-2A-04, a plaintiff must first file a claim with the Maryland Health Claims Alternative Dispute Resolution Office (HCADRO). This mandatory step requires the plaintiff to submit a certificate from a qualified medical expert confirming that the pharmacist’s conduct fell below the accepted standard of care.
This requirement makes experienced legal representation critical. Pharmacy chains and their insurers aggressively defend misfill claims, and causation — proving that the wrong medication actually caused the patient’s specific injury — often requires testimony from physicians, pharmacologists, or toxicologists. Founding partner Vadim Mzhen holds a B.S. in Engineering from the University of Pennsylvania, an analytical background that provides a distinct advantage when evaluating complex causation evidence in pharmacy error and medical malpractice cases.
What Damages Can You Recover?
Maryland patients injured by a pharmacy misfill may be able to recover compensation for a range of economic and non-economic losses. Economic damages can include past and future medical expenses, hospitalization costs, prescription costs for corrective treatment, lost wages, and lost earning capacity. Non-economic damages — which Maryland caps in medical malpractice cases under Md. Code, Cts. & Jud. Proc. § 3-2A-09 — can include pain and suffering, emotional distress, and loss of enjoyment of life.
In cases where a pharmacy misfill causes a patient’s death, the victim’s surviving family members may be able to pursue a wrongful death claim under Md. Code, Cts. & Jud. Proc. § 3-904. Maryland’s wrongful death statute allows spouses, children, and parents to seek compensation for their losses, including funeral expenses, loss of financial support, and loss of companionship.
Pharmacy chains including CVS, Walgreens, Rite Aid, and Walmart pharmacies located in Baltimore City, Towson, Rockville, Bethesda, Silver Spring, Bowie, and throughout the Baltimore-D.C. corridor all have a legal obligation to meet the standard of care. When corporate staffing pressures and prescription quotas lead to errors, the pharmacy itself — not just the individual pharmacist — can be held accountable. The medical malpractice attorneys at Lebowitz & Mzhen can evaluate the facts and determine whether a pharmacy error claim may be viable.
What Is the Deadline to File a Pharmacy Misfill Lawsuit in Maryland?
Maryland’s statute of limitations for medical malpractice claims, including pharmacy misfill lawsuits, is governed by Md. Code, Cts. & Jud. Proc. § 5-109. The general rule requires that a claim be filed within five years of the date the injury occurred or within three years of the date the injury was discovered, whichever deadline arrives first.
The discovery rule matters in pharmacy error cases because patients sometimes do not realize they received the wrong medication until weeks or months after the misfill — particularly when symptoms of taking the wrong drug overlap with the underlying condition. Even with the discovery rule, the five-year outer limit is strict. Waiting too long to investigate a suspected pharmacy error can permanently bar the right to file suit.
Claims must also be filed with the HCADRO before proceeding to the Circuit Court. In Baltimore, these cases are heard in Baltimore City Circuit Court. In the D.C. suburbs, claims may be filed in Montgomery County Circuit Court in Rockville or Prince George’s County Circuit Court in Upper Marlboro, depending on where the pharmacy is located.
Frequently Asked Questions
Can I sue a pharmacy chain or just the pharmacist?
Maryland law allows injured patients to sue both the individual pharmacist who made the error and the pharmacy company that employed them. Under the legal doctrine of respondeat superior, an employer can be held vicariously liable for the negligent acts of its employees committed within the scope of employment. Large pharmacy chains may also face direct liability claims if corporate understaffing or excessive prescription quotas contributed to the error.
Does Maryland’s contributory negligence rule apply to pharmacy error cases?
Contributory negligence is a defense that bars recovery if the plaintiff was even partially at fault for the injury. Maryland is one of only a handful of jurisdictions that still follows this rule. In pharmacy misfill cases, a defendant might argue that the patient should have noticed the pills looked different or failed to read the label. An experienced attorney can anticipate this defense and build a case to overcome it. Lebowitz & Mzhen Personal Injury Lawyers has spent nearly three decades defeating contributory negligence arguments in Maryland courts.
What should I do if I suspect I received the wrong medication?
Stop taking the medication immediately and contact your prescribing physician. Save the medication bottle, the label, the receipt, and any packaging. Take photographs of the pills. Request a copy of your original prescription from the doctor’s office. Report the error to the pharmacy in writing. Then consult a pharmacy error attorney who can preserve evidence and evaluate your claim before critical records are lost or altered.
Talk to a Maryland Pharmacy Error Attorney
Pharmacy misfills can cause serious health consequences — adverse drug reactions, organ damage, prolonged illness, and in the worst cases, death. Lebowitz & Mzhen Personal Injury Lawyers represents pharmacy error victims throughout Maryland and Washington, D.C., with offices in Owings Mills, Baltimore, and Rockville. Founding partner Vadim Mzhen’s engineering background and founding partner Jack Lebowitz’s 30-plus years of exclusive plaintiff advocacy give the firm an analytical edge in pharmacy misfill cases that demand accountability from negligent pharmacists and the corporations that employ them. Both founding partners hold dual AV Preeminent ratings from Martindale-Hubbell and are recognized in the National Trial Lawyers Top 100 and the NADC’s Top One Percent — credentials held by fewer than 1% of attorneys nationwide.
Call (800) 654-1949 or schedule a free consultation online to discuss your pharmacy error claim. No fees unless you win.
Past results do not guarantee future outcomes. Each case is evaluated on its own facts and applicable law.