Mislabeled Prescriptions and Pharmacy Liability (Part B)

Pharmacy Liability 

Pharmacists owe a standard duty of care to the patients they serve. When a pharmacy breaches that standard duty of care, there may be pharmacy liability for any resulting damages or injuries due to mistakes or negligence. 

In Kentucky, duty of care says that doctors or health care providers (or in this case, pharmacists) have the duty to: 

  • possess the medical knowledge and skills of a reasonably competent practitioner of their specialty;
  • exercise careful application of that knowledge and skill; and
  • use sound medical judgment in exercising that application. 

If your pharmacy failed to adhere to its duty of care by making a medication error with your prescription, you may have grounds for a medical malpractice case. However, just as with any malpractice suit, you must be able to prove negligence on the part of the pharmacy. To do this, it is best to consult an experienced medication error attorney in Louisville to guide you through the correct legal channels. 

Proving Negligence 

To prove medical malpractice when your pharmacy makes a medication error, you must be able to show negligence. According to Mark K. Gray, a medication error attorney in Louisville, you must prove that: 

  • the pharmacy had a duty of care to the patient;
  • the pharmacy breached that duty of care;
  • the breach of care directly caused, contributed to, or worsened an injury or harmed the patient; and
  • damages were incurred as a result of the injury or harm. 

If your attorney can prove all these successfully, you can show negligence and pharmacy liability in the case of your medication error. Then you may be awarded compensation for damages you’ve incurred because of the error and its resulting injuries. This could include pain and suffering, mental anguish, medical bills, lost income, lost earning capacity, and much more. Your lawyer will help you estimate accurately how much you are due for your specific case. 

If your pharmacy made a medication error, you could have a case for a medical malpractice claim. Call 1-502-210-8942 or 1-888-450-4456 today to discuss your case with a medication error attorney in Louisville at the Gray & White Law Firm. 

Matthew L. White
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Founder & Partner of Louisville Personal Injury Law Firm Gray & White Law