Who is Responsible for the Misfilled Prescription That Caused My Illness?

From a legal standpoint, pharmacists, like all professionals in the medical field, have a “duty of care.” In the case of pharmacists, that duty is very important and pharmacies throughout Maryland have a great responsibility to the patients they serve on a daily basis. This is certainly true when it comes to dispensing life-saving medications, as well as controlled substances, which can do great harm if not filled or dispensed correctly. Depending on the particular situation, the pharmacist and/or the pharmacy itself may be named as defendants in a personal injury lawsuit.

Of course, the consequences for any individual who unknowingly takes the wrong drug or an incorrect dosage of their own medication can be devastating. Depending on the type of drug, even taking the wrong dosage can make the patient sicker as opposed to better. In some circumstances, a medication error or pharmacy misfill can result in a fatal outcome for a patient. When such a deadly pharmacy mistake occurs, the family of the victim has the right to file a wrongful death claim against the pharmacy and/or the pharmacist himself.

In such cases, the pharmacist is often the one person who is responsible for the accuracy of the prescription, and any error would be his as well. Here in Maryland, prescription errors and medication misfills can often occur when pharmacists fail to follow the specific rules that govern the filling and verification of prescriptions. Yet, it is no secret that some large corporate pharmacies require pharmacy staff to meet a certain quota of daily prescription fills. This kind of quota system can result in many pharmacists working too quickly, with sometimes-tragic results.

Regardless of the risks, some corporations emphasize the quantity of prescriptions filled over the quality (read: accuracy) of the work done. Furthermore, due to the size of these large corporate pharmacies, numerous individuals can be involved in the prescription filling process. These include pharmacists, pharmacy clerks and pharmacy technicians, as well as other personnel. It is not difficult to imagine that with so many individuals involved in the process of filling a prescription that there can be multiple opportunities for mistakes to occur.

If you or someone you love has suffered a serious or debilitating injury as a result of a medication error or pharmacy misfill, the attorneys at Lebowitz & Mzhen, LLC, have the legal knowledge and litigation experience to help you with your personal injury case. Our legal team has represented numerous victims of medical malpractice and pharmacy error throughout the Maryland and Washington, D.C., area. We understand what it takes to build a successful case. Please feel free to contact us and set up a free, no-obligation consultation. We are ready, willing and able to review your claim and help you understand your rights under the law.