Pharmacy Malpractice Cases: What You Need to Know
Prescription drugs are incredibly powerful. While they can quite literally save lives, they also have the potential to be extremely dangerous, even deadly if not administered properly. When a patient receives the wrong drug, the wrong dosage, or improper instructions, they may suffer severe harm.
Sadly, medication errors occur far more frequently than many people realize. A study published by the National Institutes of Health (NIH) found that medication errors harm around 1.5 million people every year. When these errors are the fault of a pharmacy or pharmacist, the victim may be eligible to recover compensation through a pharmaceutical malpractice claim.
At Dawson & Albritton, P.A., our North Carolina pharmaceutical malpractice lawyers are proud to fight for the rights and interests of injured victims and their family members. Our medical malpractice lawyers have the skills and experience needed to handle complex pharmaceutical negligence claims.
If you or your loved one suffered an injury or adverse side effects as a result of a prescription drug, please contact our law firm today.
Common Reasons Why Pharmaceutical Malpractice Claims are Filed
Pharmaceutical malpractice claims come in a wide range of different forms. One of the most notable things about prescription drug cases is that even seemingly small errors have the potential to have devastating consequences. It is crucial that drug manufacturers, physicians, and pharmacists follow strict safety precautions. In the worst cases, pharmacy errors can be fatal. Some prescription drug mistakes are the fault of careless or reckless pharmacists. In other instances, a pharmacy technician, the pharmacy itself, a doctor, or even a drug manufacturer may be at fault for the error. Regardless, injured victims deserve justice. Some of the most common examples of pharmaceutical malpractice claims include the following:
- A pharmacist dispensing the incorrect medication;
- The patient being given the wrong dosage of the medicine that they were prescribed;
- The patient being prescribed or administered a drug that they are allergic to or a drug that is dangerous to take in combination with other medications that are already in their system;
- The patient being given improper instructions on when and how to take the medication;
- A mistake made by a pharmaceutical professional or technician in compounding the drug; and
- Negligent conduct by the manufacturer, including selling dangerous drugs, producing defective drugs, or failing to safely market drugs.
If you or your loved one suffered unexpected or especially severe adverse side effects after taking a prescription drug, you should consult with our experienced North Carolina pharmacy negligence lawyers immediately. We will investigate your case, determine what happened and who can be held liable for your injuries, and take action to protect your rights.
You Have Limited Time to Take Action
If you or your loved one was the victim of pharmaceutical malpractice in North Carolina, it is imperative that you take immediate action. Under North Carolina state law (N.C. Gen. Stat. section 1-52), the general statute of limitations for a negligence claim — including most pharmacy malpractice claims — is three years. After that deadline expires, any case you file will likely be automatically dismissed.
This raises an important question: when does the three-year statute of limitations clock start running? In most personal injury claims, the statute of limitations is three years from the date of the accident. However, with pharmaceutical malpractice claims, applying the statute of limitations can be more complex. In some cases, the harm caused by a pharmacist’s error may not be readily apparent to the victim in the weeks or even months after it occurred. If you could not reasonably discover the harm done you at the time the malpractice occurred, the statute of limitations may be extended by up to one more year. Still, injured victims should take action as soon as they possibly can.
Establishing Liability in a North Carolina Medication Injury Claim
As noted by the North Carolina Board of Pharmacy (NCBOP), pharmacies and pharmacists are legally required to follow certain safety regulations when filling and dispensing prescription medication to patients. When a pharmacy or pharmacist is negligent and an innocent patient suffers harm as a result, they can be held legally liable through a pharmacist malpractice claim. These are complicated legal cases and victims must be able to prove that the pharmacist’s negligent conduct actually contributed to their injuries/side effects.
The major drug companies also have a legal duty to look out for the health and safety of patients — those being the consumers of their product. When prescription drugs cause harm to patients, the pharmaceutical company may also bear legal liability for the patient’s injuries. Specifically, the big drug makers can be held responsible if they rushed defective, dangerous prescription drugs or if they failed to adequately warn patients about the likely adverse side effects of the medication.
Injured Victims Deserve Full and Fair Financial Compensation
In North Carolina, a victim of pharmaceutical malpractice has a right to recover financial compensation for their damages. Please note that all types of medical malpractice claims are generally defended by large insurance providers. These companies work aggressively to reduce the value of settlement offers or to deny liability altogether. At Dawson & Albritton, P.A., our top-rated Greenville pharmacy malpractice attorneys fight tirelessly to help victims and their families maximize their financial recovery. Damages may be available for:
- Emergency medical care;
- All other hospital/medical bills;
- Lost current and future wages;
- Pain and suffering;
- Psychological distress;
- Permanent physical impairment; and
- Wrongful death.
Contact Our Greenville, NC Pharmacy Malpractice Attorneys
At Dawson & Albritton, P.A., our North Carolina medical malpractice lawyers have deep experience handling pharmaceutical injury cases. If you or your family medical suffered an injury or adverse side effects as a result of a prescription drug, we are prepared to protect your rights.
For a free, fully confidential consultation, please do not hesitate to call our Greenville law office at 252-752-2485 or 1-800-261-9681. We serve communities throughout Eastern North Carolina and Coastal North Carolina, including in Pitt County, Beaufort County, Greene County, Martin County, and Wayne County.