What are my Rights if I was Injured by a Pharmacist’s Negligence?

John Fisher
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Stopping Medical Injustice

Medical malpractice applies to many different types of medical professionals, including pharmacists.  Any patient of theirs is owed a duty by the provider.  In its most basic form, medical professionals must provide adequate care to the patient so that they do not cause harm.

An experienced medical malpractice attorney knows that the standard of care owed to a patient will depend on the community in which the professional practices and even on the specialty in which the medical professional practices. 

While the overwhelming majority of prescriptions filled by pharmacists are accurate, sometimes a patient receives the wrong dosage or even the wrong medication entirely.  When this happens, the pharmacist has breached his duty to the patient.  All pharmacists must fill prescriptions precisely and within ranges accepted within the industry.  Moreover, a physician’s decision on how to treat the patient must not be questioned. 

Proving pharmacist negligence requires that a professional relationship existed between the medical professional and the patient.  Once that relationship exists, then the pharmacist owes the patient a duty of care.  If this duty is breached, the patient may have a cause of action in medical malpractice if the breach caused the patient’s harm.  So long as the patient can prove damages suffered from, the patient can receive court awarded compensation.

If a pharmacist did not follow a doctor’s orders when filling your prescription and you or a loved one has been injured, or even has died as a result, an experienced New York medical malpractice attorney can help.  Remember that many types of medical professionals can be held accountable for their negligence.  Here is a partial list of the types of practitioners to which medical malpractice applies

  • Surgeons
  • Dentists
  • Assistants
  • Physicians Assistants
  • Nurses
  • Primary Care Physicians
  • Emergency Room staff
  • Podiatrists
  • Technicians
  • Obstetricians
  • Optometrists
  • Oncologists
  • Anesthesiologists

These types of practitioners may only be held accountable for their negligence if the patient commences a civil action within a very specific time period.  The statute of limitations for medical malpractice in New York is 2 ½ years.  The time period begins to run from the date that the negligence occurred or from the last date in which the patient received care for the injury from the doctor.  There are some very specific situations that might extend the time depending on the unique circumstances encountered by a patient.  Even if you feel too much time has passed, you should still call an experienced medical malpractice attorney because you may still be able to receive help. 

But what do you think?  I would love to hear from you!  Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected]  You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com

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