Miami Pharmacy Malpractice Lawyer

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Pharmacies provide us with the medications our doctors prescribe us and more. Typically, we expect our pharmaceutical technicians to dispense us with the correct doses and brands of our drug. However, this is not always the case. Like any healthcare professional, pharmacies can make errors, and these errors can drastically affect our lives. If you or a loved one have personally been affected by a pharmaceutical error and believe it to be pharmacy malpractice, do not hesitate to contact an attorney who can assist you.

At Gallardo, we will handle all types of pharmaceutical errors, either the fault of the doctor, pharmacist or drug manufacturer and will find the answers to your particular case. We take time to understand how your injuries have affected your health and your life.

What is pharmacy malpractice?

Pharmacists are licensed healthcare professionals, and because of this, they are required to provide a standard of care to all the patients they administer medication to. They are expected to give the medicines exactly as prescribed to ensure no hazards. If pharmacists administer a medication incorrectly because of negligence or malpractice, which hurts you, you have the right to file a claim against the pharmacy's staff for damages.

What is the difference between malpractice and negligence pharmacy?

Malpractice is the act of a medical professional knowingly failing to provide a patient with the appropriate standard of care. If a pharmacy staff member unintentionally made an error, that would be a case of negligence. In a case against a pharmacy that has caused damage, it is essential to investigate and find out which of the two situations have occurred.

Common types of pharmacy errors

While there are various possible pharmacy errors, some of the most common are:

Incorrect instructions on usage label
Failure to warn of side effects
Refilling prescriptions when not required
Incorrect dosage
Failure to compound drugs correctly
Not reviewing patient's medical history
Administering medication to the incorrect patient
Providing medications that interact with other drugs

These errors are hazardous and can cause lifelong damage to the patient. If you suspect you have been a victim of a pharmaceutical error, contact one of our medical practice lawyers today.

Causes of Pharmacy Malpractice and Prescription Errors

Many factors in the workplace can cause these errors. Some of them are:

Distracted pharmacy technicians
Inaccurate drug names
Ineffective prescribing
Technical errors
Incorrect prescription format
Incorrect treatment duration

These are just some of the many causes of pharmacy medical malpractice. If you file a case of pharmacy medical malpractice, you should know the possible causes of the professional's errors that have caused you suffering.

Legal Rights of Pharmacy Malpractice Victims in Florida

Anyone involved in handling your prescription can be held liable for potential injuries or damages you face because of their error. It is vital that your attorney thoroughly investigates all of the witnesses present for the error to support your claim.

Pharmacy malpractice can have serious consequences, including incorrect dosages, harmful drug interactions, and failure to identify contraindications. Victims of such malpractice in Florida have specific legal rights designed to protect them and ensure they receive appropriate compensation for their suffering. Pharmaceutical error victims' legal rights include:

Right to Compensation:As a victim of pharmacy malpractice, you are entitled to damages both economic and non-economic such as: Lost wages, Medical bills, Future medical expenses, Pain and suffering. There are several forms of compensation you could receive from pharmacy malpractice claim, it is best to contact an experienced attorney to review the details of your situation and determine the compensation you could potentially receive.

Right to Legal Representation: Victims have the right to hire an attorney who focuses on medical malpractice. An experienced lawyer can help investigate the malpractice claim, gather and preserve evidence, consult with medical experts, negotiate with insurance companies, and represent the victim in court if necessary..

Right to a Thorough Investigation: Pharmacy malpractice victims have the right to a detailed and thorough investigation of their case.

Right to File a Lawsuit: If a settlement cannot be reached, victims have the right to file a lawsuit. In Florida, the statute of limitations for filing a medical malpractice lawsuit, including pharmacy malpractice, is generally two years from the date the malpractice was discovered or should have been discovered with reasonable diligence.

Responsibility in Pharmaceutical Injury Lawsuits

Usually, malpractice claims in cases of pharmaceutical injury are going to be responded by:

The Drug-maker (manufacturer): When the appropriate research and drug tests are not performed, or if the company tries to hide the dangerous side effects of the drug. In this case, a claim of defective products would stand.
The Pharmacist: If a medicine recipe is issued with the wrong medication or dose, which will result in a medical malpractice claim.
The Doctor: If a doctor prescribes a drug to a patient that others in the profession would not, negligence can be the basis for a medical malpractice claim.

Steps to take if you suspect pharmacy malpractice

If you or a loved one believe you have been in involved in a case of pharmaceutical malpractice there are a couple steps you can take to ease the process of creating a successful claim.

You must begin by communicating your concerns with the liable party and requesting an investigation of the error. After doing this, you can gather evidence by requesting and sourcing significant paperwork to support your claim. Contacting a pharmacy malpractice attorney is crucial as they can help you navigate this investigatory process and assist you in gathering witness statements. Additionally, we will provide you with the legal support and advice you need to build your claim against the staff involved.

Filing a Pharmacy Malpractice Lawsuit in Miami

How do you know if you have a case?

If you have suffered from injuries or damages caused by a pharmacy error and have established evidence of a mistake with an administered medication, it is a safe bet that you have a case. The only way to know accurately is by reviewing all the details in an initial consultation with legal representation, who can answer all your questions and provide guidance.

How our Lawyers help you to prove pharmacy malpractice?

Gathering case documentation
Our team will begin by sourcing all necessary documents to create a successful case. These documents include your Prescription Documentation, Medication Dispensing Records, Pharmacy Records and Logs, Medical Records and Documentation, Communication Records, and more. These records will provide evidence that the liable party made an error and that it is on file.
Proving Harm and Damages
We will prove the harm created by the error by running diagnostic tests and providing medical records that show proof of injury. We could also source more evidence such as photographs, and more. These are necessary to prove the seriousness of the damages, to request compensation.
Building a Solid Claim
Our attorneys will assist you in building a solid claim by collecting witness testimonies that can fully support the event of the error and your injuries. We will also collect interviews with experts, and investigate the company and try to find previous violations and complaints held against the institution that has committed the error.
Settlement Negotiations and Trial Litigation
Lastly, our team will support you through the process of paperwork and deals that take place before court. This typically involves settlement negotiations and trial litigation that take time and organization. An expert will handle the stress of your case, while you and your family can recover from the damages.

Get a Free Consultation with our Pharmacy and Medication Errors Lawyers

Our attorneys in Miami, Florida, focus on defending clients' rights in cases of medical negligence and pharmaceutical injury. They develop compelling strategies to achieve the best possible resolution for your case. With extensive knowledge and qualifications in various types of medical malpractice cases, our team is dedicated to providing expert legal representation.

At Gallardo Law Firm, we understand the pain of having a medical professional break your trust in a time of need. We have worked with many clients in cases like your own and can assist you in winning the compensation you deserve. If you or a loved one have suffered from injuries caused by Pharmacy malpractice or negligence, contact our offices or call us to schedule an initial consult at (305) 261-7000

What causes a pharmaceutical malpractice lawsuit?
20 Jul, 2018

What is pharmaceutical malpractice or negligence?

Pharmaceutical malpractice means that a pharmacist dispenses a wrong medication, or wrong dosage, with no specifications for interactions with other drugs resulting in injury or death to a consumer. That could happen because the drug was not tested or analyzed correctly or the manufacturer did not provide the physician that prescribed the drugs with the appropriate warnings for the patients who consumed them.

Do I have a pharmaceutical negligence case if my prescription was issued incorrectly and I became sick?

You might have a case if the prescription was filled incorrectly, or the pharmacist gives the incorrect medication or dose. In such cases, the pharmacist or the doctor will be liable. If the medication causes illnesses or severe side effects, then the drug manufacturer is held accountable.

What are some of the causes of pharmaceutical negligence?

In a hurry to get products to market, pharmaceutical companies do not use the necessary time for a medicine trial. They may not publish specific side effects because they did not analyze the medication accurately or researchers failed to disclose essential findings that arise after products are already on the market.

What are important facts I should know when buying over-the-counter medications?

You should read the labels carefully because they might consist of elements you should not take. You also need to be careful in case you are already taking other drugs that may interact with the new medication. You might also have an allergic reaction if this is the first time you try the medication, or it is not the correct one for your symptoms. You can always ask the pharmacist for help.

Can I file a claim even if I have been taking a medication that was not prescribed by a physician and resulted in injuries?

You might still file a claim against the drug manufacturers since the doctor did not prescribe the medication.

How defective drugs reach the market?

While one of the duties of the Food and Drug Administration is protecting American consumers from defective drugs, the FDA often inadequately examined drugs before they reach the market. Though pharmaceutical companies must exhaustively test their drugs, sometimes they go without thoroughly researching the possible side effects of the drug, and rush off to the market, causing significant damage to their consumers.

What are the most common dangerous drugs that have hit the market?

As more pharmaceutical companies are trying to conceive wonder drugs to address even the most minimal health problems, the prevalence of dangerous drugs and pharmaceutical injuries tends to increase. Many FDA approved drugs can have harmful side effects so you should consult with your doctor first before taking them.