Any healthcare provider can be liable for New York medical malpractice. This can be any professional from a doctor or a nurse, to a dentist or a dental hygienists, to a physician assistant or even an EMT, or any healthcare provider because all of these providers must exercise reasonable care as a similarly trained and knowledgable professional in similar circumstances. This includes a pharmacy and a pharmacist, including other staff such as residents, pharmacy technicians, and pharmacy students or interns.
Pharmacists have doctorates and spend a significant amount of time in school learning the trade, practicing compounding, and gaining experience through classroom instruction and field placements or internships. Part of a pharmacist’s job is to ensure the following:
- A drug is compounded or mixed properly;
- A drug is dosed properly for the patient;
- There are no drug interactions between what the patient is already taking and a new drug;
- The proper drug is filled and provided to the patient;
- A patient is instructed with the proper administration or usage of the drugs;
- A patient’s questions are answered regarding the risks, benefits, and alternatives to a drug;
- The ordering physician is requesting the proper drug and proper dosage;
- The drug is appropriate for the condition being treated;
- The correct drug is given to the patient; and
- Any other issues relating to the medication or drug for the patient.
When a pharmacy by and through its pharmacists, pharmacy technicians, and other pharmacy staff fails to perform the tasks noted above, or any other tasks not noted above, it can result in serious personal injuries to the patient and permanent injuries or even death. This can be medical malpractice.
If errors occur, not only the pharmacy and the pharmacist will be liable, but also the doctors and the healthcare providers requesting the drug or medication. This means that there can be several parties who can be liable, which is good for a patient to ensure that his or her rights are vindicated and protected. An injured victim MUST get compensation for drug errors which cause personal injuries.
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