Pharmacist Malpractice in Missouri
By Kevin Davidson
Jun. 17, 2014 8:56a
Pharmacists have a duty of care towards their patients and could be sued if they fail to meet the appropriate standard of care. Breach of duty of care is a serious reason for pharmacist malpractice lawsuits in which damages may be sought when a patient suffers injury.
Understanding Duty of Care
Pharmacists, irrespective of where they operate, owe a duty of care towards the patients they fill prescriptions for. They must, within reason, do their best to ensure that prescribed drugs do what is expected and not result in negative reactions. Duty of care is binding on all pharmacists filling prescriptions whether they work in a hospital, clinic, or pharmacy. This duty of care is often the main focus in pharmacy malpractice lawsuits.
Pharmacist Malpractice
For someone to be allowed to practice as a pharmacist, it is normal to assume that they have undergone training to equip them with the skills needed to make the right prescriptions. Pharmacists are assumed to have the ability to perform the duty of care expected of them. But when a pharmacist defaults in filling prescriptions properly, he or she could be sued for a breach of the duty of care. A patient's Missouri medical malpractice lawyer will need to prove such errors in the lawsuit.
Pharmacist Errors
There are different types of errors that could be committed by a pharmacist in filling prescriptions for which they could be sued. One common mistake is confusion about drug names, which sometimes leads to issuance of wrong, but similar-sounding medications. A prescription meant for one patient may also be mistakenly given to another. Errors, in most cases, result in situations where pharmacists are unable to read the handwriting of a prescribing physician; both parties could be sued in such a case.
Incorrect compounding of drugs is another error that could be made. Medications may be compounded with dosage level higher than the required level, exposing patients to very grave dangers. People have died as a result of such costly errors. Inappropriate dose of a medication may also be given to a patient or wrong direction of use may be provided, even when the proper drugs are handed out.
Getting Damages in a Pharmacist Malpractice Lawsuit
Compensation for lost wages or earnings,
medical costs, and
disability benefits are some of the damages that could be awarded to a patient in a successful pharmacist malpractice lawsuit. There could also be compensation for
emotional distress as well as for
pain and suffering.
Punitive damages, mainly intended to serve as a punishment for the affected pharmacist, pharmacy and other guilty parties, may also apply, although this is not common.
If you have fallen victim to pharmacist malpractice or know someone who has, the assistance of an experienced medical malpractice attorney will be invaluable. Why? Wrongful death statutes may limit or not provide adequately for amounts recoverable in a
wrongful death lawsuit. However, extra compensation beyond the regular may also be obtained with the help of a competent attorney.
Contact a St Louis Medical Malpractice Attorney at (314) 588-7200 | Free Consultations