Q How do I prove my pharmacy made a mistake?
After a visit to Saint Alphonsus for a mild case of pneumonia, you took your prescription to your local pharmacy to be filled. You had never taken this particular medication before, so you didn’t know much about it.
You took the dosage as indicated on the label and later that night you had a terrible reaction. So bad, in fact, you were rushed back to the emergency room. Turns out the dosing instructions on the label were incorrect and you took much more than was safe.
How You Can Take Action
You experienced a life-threatening reaction because the pharmacy made a mistake. Now you may suffer from problems down the road because of this error. You want to hold the negligent pharmacist responsible for his actions, but what can you do, and what do you need to do to win? In cases like these, the prosecution needs to prove that the pharmacist had a duty of care, the pharmacist breached that duty of care, and the breach caused harm or damages.
- Duty of care. Duty of care is a legal obligation that many professionals in the medical field are required to abide by, including pharmacists. They are to adhere to a standard of reasonable care when performing acts that could hurt others, such as filling prescriptions.
- Proving a breach. In order to win such a case, your attorney would need to prove that the pharmacist indeed gave you the incorrect dose.
- Proving harm. Your attorney will also need to present medical evidence that this error had a detrimental effect on you, causing significant physical or emotional harm.
We Can Help You Fight
The Morton Law Offices understand how frustrating experiencing a hardship because of someone else’s negligence is. Contact us today to learn how we have helped other victims in the Boise area get the compensation they deserved, and how we may be able to do the same for you.