How Easy is It to Prove Liability in a Pharmacy Error Lawsuit?

Proving a pharmacy error, medication misfill or other pharmacist-related mistake may seem easy at first glance, but this is often a mistaken assumption. As with many cases involving individual liability, proving a pharmacy error claim can be more difficult than most plaintiffs imagine. As experienced personal injury lawyers, we know that the most frequent difficulty in such cases is not so much in proving that a mistake was made, but instead proving that the pharmacist’s mistake actually caused harm to the victim.

Pharmacists, like doctors and other medical professionals, are held to a high standard. When a pharmacist’s error results in harm to a patient, a personal injury claim attempts to show that the pharmacist is liable for any injuries caused by his or her error. However, victims of pharmacy errors need to be aware that this type of case can often be exceedingly complex, requiring expert testimony from medical or scientific witnesses in order to successfully establish liability.

As with most medical-related lawsuits, proving causation in a pharmacy misfill case requires testimony from at least one medical expert in order for the court to understand the effects that a certain medication can have on an individual who was never intended to receive the particular medication that was provided in error.

In a perfect world, pharmacy errors would never happen. Sadly, human error and poor corporate management can increase the risk of mistakes. When that happens, it is the patient who suffers the consequences. For those individuals who have been injured as a result of negligence on the part of a pharmacist or pharmacy chain, the victims may be entitled to monetary compensation.

At Lebowitz & Mzhen, LLC, our skilled legal team has the training and experience to help you get the compensation you deserve. We have handled all types of pharmacy error claims, including mis-filled prescriptions and drug recall cases. We offer every prospective client a free, no-obligation legal consult to review their claim and explain their various options under Maryland law.