Miami Pharmacy Malpractice Lawyer

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