We trust that all doctors, including pharmacists, have our best interests in mind. Sometimes, though, overworked or careless providers make mistakes. When a pharmacist makes an error in filling prescriptions for medication, the consequences can be severe.
If you believe you were injured or harmed due to a pharmacist’s negligence while filling your prescription, you should speak with a medical malpractice attorney right away. A Danbury pharmacy malpractice lawyer at Berkowitz Hanna can help you explore your options.
Pharmacists must adhere to certain professional standards when preparing a patient’s prescription medication. If the pharmacist makes an error that harms a Danbury patient, a court could find them guilty of malpractice due to their negligence.
Some frequent mistakes that can lead to pharmacy malpractice lawsuits are:
The state has outlined various laws that pharmacists must comply with under the Pharmacy Practice Act. For example, the state can revoke or suspend a pharmacist’s license if they are found to have performed incompetent or negligent work, according to Connecticut General Statute § 20-579.
When determining if a pharmacist is liable for malpractice, a Danbury plaintiff (and their attorney) must prove that the pharmacist violated a duty of care. Malpractice cases involving negligence often hinge on what a court deems as the appropriate standard of care.
For medical professionals, Conn. Gen. Stat. § 52-184c requires that the plaintiff provide enough evidence to show that the pharmacist’s alleged negligent actions were not in line with the prevailing professional standard of care used by pharmacists.
To assist with the court’s decision on generally accepted medical standards and to prevent frivolous lawsuits, plaintiffs filing any type of medical malpractice action must include a certificate of reasonable inquiry with their complaint, according to Conn. Gen. Stat. § 52-190a. The certificate is intended to provide a procedural hurdle for victims of suspected medical malpractice by requiring them to obtain a written and signed opinion from a medical expert stating that there is a likelihood of negligent malpractice.
To qualify as a medical expert under Conn. Gen. Stat. § 52-184c, the expert providing the opinion must provide similar medical services or have adequate background, training and knowledge in that field. A Danbury pharmacy malpractice attorney can reach out to expert witnesses on behalf of the plaintiff and ensure that all necessary materials are gathered.
Danbury victims of pharmacy malpractice can pursue compensatory damages or punitive damages in their malpractice lawsuit. Compensatory damages can include both economic and non-economic damages.
Economic damages consist of measurable losses, such as compensation for medical bills, lost wages from missed time at work, or lost future earning potential. Non-economic damages compensate for immeasurable harm, like emotional distress, mental anguish, pain and suffering, or an impaired quality of life from long-term or permanent disabilities.
Prescription drug mistakes can have permanent and life-threatening consequences for individuals and their families. If you believe you were harmed because of a prescription drug error, reach out to a Danbury pharmacy malpractice lawyer right away to schedule your free consultation. Our compassionate team is here to help.
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