Can You Sue a Pharmacy if They Issue You the Wrong Prescription?
Whenever you pick up your medication at the pharmacy, you trust that everything is correct. But what happens if the pharmacy gets it wrong and you end up with the wrong prescription? Can you sue the pharmacy for this error? Let's unpack this complex topic in everyday terms.
Understanding Pharmacy Prescription Errors
Pharmacy errors occur more frequently than we’d like to think. It could be the wrong medication, the incorrect dosage, or erroneous instructions. Such errors can lead to adverse reactions, worsening of medical conditions, or new health problems. In some serious cases, it can result in hospitalization or even death.
Establishing Grounds for a Lawsuit
If you receive the wrong prescription from a pharmacy, you might have grounds for a legal claim primarily based on negligence. To successfully sue the pharmacy for negligence, you generally need to prove these elements:
- Duty of Care: Pharmacists have a legal duty to dispense medication correctly and provide adequate instructions.
- Breach of Duty: You need to demonstrate that the pharmacist breached this duty by providing the wrong prescription.
- Causation: You must show that this breach caused your injury or harm.
- Damages: Lastly, you need to prove that you suffered actual damages (physical, emotional, or financial losses) as a result of the error.
Negligence and Strict Liability
In California, liability might hinge on two main legal theories: negligence and strict liability. Under the negligence theory, you have to show that the pharmacist's conduct fell below the standard of care expected . Essentially, that means proving the error was something a reasonable pharmacist would not have made.
On the other hand, strict liability could apply if it’s clear that the mistake happened despite your due diligence. This theory often doesn't require proving the pharmacist was careless; it's enough to show that the harm resulted from the medication error.
Can Pharmacists Be Held Strictly Liable?
Pharmacies might argue that they are providing a service rather than a product, thus insulating them from strict product liability claims. However, California courts have leaned towards recognizing certain conditions under which a pharmacy can be held strictly liable for dispensing the wrong medication. Such conditions usually emphasize consumer protection, as patients rely heavily on pharmacists' accuracy and professional standards.
Steps to Take if You Receive the Wrong Prescription
- Seek Immediate Medical Attention: Prioritize your health by seeing a doctor as soon as possible if you suspect an error.
- Preserve Evidence: Keep the incorrect medication and any documentation you receive from the pharmacy.
- Consult with a Personal Injury Lawyer: Contact a personal injury attorney to evaluate your case. Goldfaden Benson can help determine if you have a viable claim and guide you through the legal process.
Conclusion: Yes, You May Have a Case
If a pharmacy dispenses the wrong prescription and it harms you, you might have grounds for a claim. An experienced attorney can help you navigate this complicated situation. If you or a loved one has found themselves in this precarious position, feel free to reach out to us at Goldfaden Benson for a consultation www.goldfadenbenson.com/contact-us.
Have you faced a similar situation? How was it resolved? Share your experiences or ask us your questions in the comments! We're here to help.
