If you are looking for the average settlement for pharmacy error then you have come to the right place.
Patients require the right medicine to treat their illnesses. If they are not given the right medicine, their prognosis is almost always fatal.
Pharmacy error occurs when a hospital or pharmacy dispenses the wrong medication or the wrong dosage of medicine to a patient. A pharmacy error isn’t classified as medical malpractice.
Medication errors rank high amongst the most common instances of medical errors.
Causes Of Pharmacy Error
A variety of different reason exists in the cause of pharmacy errors; hardly any of them are malicious. The most common tend to be:
- Overloaded workday
- Staffing shortages
- Illegible prescription
- Misinterpreted prescription
- Concentration dip
- Drug name similarities
- Improper compounding
- Mislabeling instructions
- Contraindication errors
- Improper transcription
- No double-checking prescriptions
Effects Of Pharmacy Error
The effects of administering the wrong medication or the wrong dosage of medication can be very severe. They include:
- Diminished earning capacity
- Disfigurement and scarring
- Future medical expenses
- Loss of enjoyment of life
- Lost income
- Medical bills
- Pain and suffering
Things To Do If Affected By A Pharmacy Error
- Call a Doctor immediately
- Call the dispensing Pharmacy immediately
- Keep to the unused medication
- Keep the receipt
- Keep the medicine’s container
- Give no statements unless a lawyer is present
Compensation For Medication Injuries
After having suffered a medication injury, the first thing to do is seek treatment.
Filing a civil action against the medical personnel responsible for the pharmacy error is within your rights. Depending on the circumstances, even temporary reactions like nausea, vomiting, dizziness may be actionable.
To win a malpractice lawsuit for a medication or prescription error, you and your attorney must prove the medical provider:
- Had a duty of care not to injure you
- Breached their duty of care by negligently failing to meet the medical standard of care
- Their negligence was the direct and proximate cause of your injury
- Your injury resulted in compensable damages
Damages might include hospital bills, out-of-pocket medical expenses, lost wages, and pain and suffering.
Not every bad reaction to a medication is grounds for medical malpractice. If you had no history of allergies and have a severe allergic reaction to a new prescription for an antibiotic, you won’t be able to blame the doctor or pharmacist.
If you caught the mistake before taking the medication or suffered minor and temporary ill effects with no measurable damages, filing a lawsuit may not be worth the time and effort required.
The negligent doctor or pharmacist can still be reported to their licensing authorities, even if you decide not to take legal action.
Examples Of Cases Involving Pharmacy Error
The following are real-life cases involving pharmacy errors and their resolution:
- The Thomas hospital was ordered to pay $140 million for the wrongful death of Sharron Juno, a 59-year-old diabetic who died from insulin overdose due to a transcription error.
- Miller Pharmacy settled a wrongful death suit for $325,000 after Barbara Hall was given twice the prescribed dose of her monthly methadone refill due to a prescription error.