What Damages Are Available After a Maryland Pharmacy Error Injury?

For those that have suffered an injury because of a Maryland pharmacy error, there several different types of damages that may be recoverable if they are successful. Damages in a Maryland personal injury case are generally divided into two categories. The first, special damages, are economic damages. These are typically the out-of-pocket expenses that a plaintiff incurs because of the incident. Special damages often include medical treatment, lost income, and future expected costs and lost income, and others depending on the scenario. The second, general damages, are non-economic damages, as well as other types of damages. These generally do not have a fixed monetary value. General damages often include pain and suffering, which involves the physical and emotional distress the victim suffered, as well as loss of consortium and “other nonpecuniary injury.”

In some cases, punitive damages may be available. Punitive damages can be challenging to prove, because a plaintiff must prove that the party at fault had actual knowledge of the wrongful conduct. Punitive damages ate intended to punish the defendant and to stop others from engaging in such behavior.

There is a cap on non-economic damages in Maryland injury cases. The cap increases each year on January 1 of each year by $15,000. As of January 1, 2020, the non-economic damages cap is $830,000. More can be recovered in wrongful death cases with two or more claimants or beneficiaries. Earlier this year, a Maryland appeals court upheld the non-economic damages cap, finding that it did not interfere with the role of the jury in jury trials.

Pharmacist Error Causes Patient Kidney Damage

A patient suffered kidney damage after a pharmacist dispensed the patient the wrong medication, according to one news source. The patient went to a pharmacy to get a refill of an antibiotic rifaximin. The pharmacy technician mistakenly input rivaroxaban, a medicine used as a treatment for blood clots. The pharmacist did not notice the mistake when he checked the medicine and dispensed it. The patient took the medication for eight days before the patient was hospitalized for acute kidney damage and internal bleeding.

The pharmacist who had dispensed the drug then altered the pharmacy records, claiming that another pharmacist had dispensed the medication. The lie was discovered, and the incident was reportedly referred to the review board to see if any formal proceedings would be taken.

Contact a Maryland Pharmacy Error Lawyer

If you have been the victim of a Maryland pharmacy error or another type of medical error, contact the law firm of Lebowitz & Mzhen, Personal Injury Lawyers. At our firm, we understand the pain that a medical error can cause and we will do everything we can to hold accountable the parties responsible for your suffering. Our Baltimore-area firm has decades of experience litigating pharmacy error and medical malpractice cases. We work closely with medical experts to evaluate your case and aggressively pursue the maximum compensation. Call us at 1-800-654-1949 or contact us online to arrange a free consultation. Calling is free, and we will not send you a bill for our services unless we can help you recover compensation for your injuries.

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