Modern medicine often produces extraordinary results when administered correctly. However, when a pharmacist makes a mistake, the consequences can be disastrous. Pharmacists have one of the highest duties of care in the medical field. They cannot excuse errors by pointing to heavy workloads or a pharmacy technician’s oversight. In fact, the fast-paced nature of their work requires even greater attention to detail and caution at every step.

If you have been harmed due to a pharmacist’s negligence, a Charlottesville pharmacy malpractice lawyer at MichieHamlett can help. Our talented medical malpractice attorneys carefully review every case, gather the evidence needed to prove malpractice, and fight tirelessly for the compensation you deserve. Contact us today to learn more about how we can assist you.

Types of Pharmacy Malpractice

Patients have the power to prevent some pharmacy errors, but certainly not all of them. Some people do not read the label and do not take medicine exactly as instructed. But much more commonly, medication errors involve one or more of the following:

  • Incorrect Medication: Many drugs have basically the same name. Additionally, most doctors add special dosage instructions. Pharmacists who are hurried or distracted often take the wrong bottle or fail to convey correct dosage instructions.
  • Incorrect Instructions: Drug manufacturers constantly update labels with new safety and dosage instructions. Additionally, new information often emerges about possible side effects. If an incorrect or outdated label is on the bottle, patients are deprived of vital information.
  • Incorrect Dosage: As mentioned, the dosage varies in different situations. Antibiotics are a good example. Frequently, the label instructs patients to take the medicine until it runs out. So, including too much or too little medication could have devastating consequences.
  • Improper Review: Doctors use medical histories to diagnose patients. Pharmacists use medical histories to treat patients. Some drugs must not be taken in combination with some other drugs. Furthermore, some patients are allergic to some medications.

Pharmacists are legally responsible for pharmacy malpractice in Charlottesville. The company that employed the pharmacist is usually financially responsible for damages, as outlined below.

Third Party Liability

Generally, employers are financially responsible for the negligence of their employees. The respondeat superior doctrine encourages companies to change the way they do business and run tighter operations which put safety first.

This rule applies if the tortfeasor (negligent actor) was an employee who was working within the scope of employment. Virginia law defines these key words and phrases in broad, victim-friendly ways.

Typically, a Charlottesville pharmacy malpractice attorney must work hard to determine who the employer is. For example, many large retailers have in-store pharmacies. Sometimes, the retailer owns these pharmacies. Sometimes, a separate company owns them. In a few cases, they are standalone, independent pharmacies. Telltale signs, like different hours or a different corporate logo, are often misleading.

Damages in a pharmacy malpractice claim usually include compensatory damages, for things like medical bills and emotional distress, as well as punitive damages. A punitive damages cap might apply, in some situations.

Connect with a Charlottesville Pharmacy Malpractice Lawyer Today

Busy pharmacists must take extra care to protect patient health and safety. If you were harmed because of a medication error, a Charlottesville pharmacy malpractice lawyer at MichieHamlett can help. For a free consultation, contact us today—we never charge upfront legal fees in these cases.