Charlottesville Pharmacy Malpractice Attorney
Twenty-first century medicine usually involves extremes. If done right, medicine often works wonders. If a pharmacist makes a mistake, the results are often disastrous. For this reason, pharmacists have a very high duty of care. They cannot use things like a heavy workload or a pharmacy technician’s error to shirk their professional responsibilities. If anything, their fast-paced work environments require pharmacists to use additional caution and never take anything for granted.
The diligent Charlottesville pharmacy malpractice attorneys at MichieHamlett never over-delegate work to lower-level associates or non-lawyer professionals. Instead, we develop a plan for your case, and then we work that plan. This plan includes a thorough case review, so we get a clear vision for your case. Then, we work to gather evidence on your behalf. Then, we never look for the easy way out. Instead, we continue to fight for 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 involves one or more of the following:
- Incorrect Medication: Many drugs have basically the same name. Additionally, most doctors add special dosage instruction. 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 If an incorrect or outdated label is on the bottle, patients are deprived of vital information.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 which 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 Dedicated Attorney
Busy pharmacists must take extra care to ensure patient health and safety. For a free consultation with an experienced pharmacy malpractice lawyer in Charlottesville, contact MichieHamlett. We do not charge upfront legal fees in these cases.