Understanding Maryland Pharmacy Medical Malpractice Claims

As we all get older, it is often common to also see the number of health ailments increase. With these increased health issues, more medication and the regular upkeep of taking specific prescriptions at the right time and in the right dose also often comes into play.

Sometimes, with multiple medications at different times of the day and in different doses, it can be overwhelming to keep up with them. At a minimum, however, consumers should be able to trust that the medications they pick up from the pharmacy are accurate both in substance and in dosage. With so many people relying on pharmacies to dispense the correct medication—which sometimes can be necessary for survival or basic comfort—when a pharmacy makes a mistake that causes injury or even death for consumers, they must be held accountable.

According to a recent news report, a pharmacy admitted that errors were made when dispensing medication to an 82-year-old woman who later died. The woman was allegedly given a strong anti-depressant instead of a prescription that was supposed to treat water retention problems. After taking the incorrect medication, the woman was reportedly unable to communicate, shaking, and did not appear to be herself. The woman was taken to the hospital and died later that day. However, following her death, there has been debate as to whether it was truly the pharmacy’s dispensing error that led to her death. The incident remains under investigation because the woman had several other health issues and medications, which, when mixed, may have contributed to her death also.

Each year, more individuals die from medication or prescription errors annually than from on-the-job injuries. Most of the time, medication errors from the pharmacy can be relatively harmless if they are not significant mistakes. Sometimes, however, pharmaceutical errors can cause devastating consequences.

Pharmacies, like doctors or other medical professionals, can also be sued under medical malpractice claims. For potential plaintiffs who were given the wrong prescription, a valid claim usually involves the victim showing that they were physically harmed by the mistake. Typically, in these claims, potential plaintiffs must show that either the incorrect prescription you received was harmful or that the failure to get the correct medication you were expecting to receive was harmful.

Medication error cases typically have a slightly higher success rate than typical medical malpractice cases in Maryland. For example, more than 90 percent of medication or prescription error cases result in an out-of-court settlement between the at-fault party and the victim, and less than 10 percent actually go to trial. Cases that go to trial can often be challenging depending on the circumstances of the case, but mostly because potential plaintiffs often have issues establishing that the harm that took place was the result of the medication mistake and not because of other factors.

Do You Need a Maryland Medication Error Attorney?

If you or someone you know was recently injured or killed because of a Maryland pharmacy error, contact the attorneys at Lebowitz & Mzhen today for assistance. Our lawyers have years of experience and will provide you with the ease of mind you need to effectively bring your claim. To schedule a free initial consultation, contact us at 800-654-1949.

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