What Happens if the Pharmacy Misfills My Prescription?

By Jon Lewis on Dec 16 in Lewis & Feldman Blog.

What Happens if the Pharmacy Misfills My Prescription?

According to data from the Health Policy Institute, approximately two-thirds of American adults take at least one prescription drug. These medications can improve and even save lives. At the same time, powerful prescription drugs also have the potential to be quite dangerous. A mistake by a pharmacy is a serious problem.

You may be wondering: Can a pharmacy be held liable for a misfilled medication? The answer is “yes”—if the pharmacy was negligent, it may be legally liable for a patient’s injuries through a malpractice claim. In this article, our Birmingham misfilled prescription attorney explains the key things that you need to know if the pharmacy misfilled your medication in Alabama.  

Medication Errors are a Serious Public Health Problem

Prescription drug mistakes are a serious public health hazard. Tragically, medication mix-ups can cause catastrophic harm or even death. According to an academic study published by the National Library of Medicine, “7,000 to 9,000 people die as a result of a medication error.” Many tens of thousands more suffer serious complications as the consequence of a prescription drug mistake. Some of the negative consequences of pharmacy mistakes include the following: 

  • A patient getting the wrong medication; 
  • A patient getting medication to which they are allergic; 
  • A patient getting two medications that cannot be safely mixed; 
  • A patient being prescribed in an inadequate dosage of the right medication; and
  • A patient being prescribed a dangerous dosage of the right medication. 

You Can Hold a Pharmacy and Pharmacist Liable for Prescription Drug Errors

Pharmacists are trained and licensed medical professionals. Pharmacies are strictly regulated commercial entities. You have a reasonable expectation that your pharmacist and your pharmacy will handle and disperse your prescription medication properly. If you have been the victim of a prescription drug error, you may be able to hold the pharmacy and pharmacist liable for any injuries or losses you have suffered.  

These are a type of malpractice claim. To hold a pharmacy or pharmacist legally responsible for a medication mistake, a patient generally needs to prove negligence. Negligence is a legal term that means failure to take proper care. A pharmacist or pharmacy is negligent if it misfills a prescription in a manner that happened because it failed to take the proper safety precautions. If an ordinary pharmacist would have done the job properly, the pharmacist may be liable for negligence. 

Note: With misfilled prescription claims, the specific circumstances of the case always matter. In some situations, you may have a claim against your doctor or medical provider. For example, a doctor may have actually sent the wrong prescription information to the pharmacy. In that case, it could be the doctor who is legally liable for medical malpractice. 

All Prescription Misfill Cases Should Be Thoroughly Investigated

If your medication is misfilled by the pharmacy, it is crucial that you retain an experienced attorney who can conduct a comprehensive investigation. Without an investigation, it may be difficult to determine what went wrong and who, if anyone, was responsible. An investigation can also uncover evidence that can be used to support a legal claim, such as medical records, witness statements, and other relevant information. Additionally, an investigation can help identify any potential defenses that may be raised by the pharmacy and/or pharmacist. 

You Have a Limited Amount of Time to Bring a Pharmacy and Medical Malpractice Claim

If you believe you have been the victim of pharmacy or medical malpractice, it is important to act quickly. You must file your claim before any applicable legal deadline. Under Alabama law (Alabama Code § 6-5-482), most pharmacy malpractice claims and medical malpractice claims are governed by a two-year statute of limitations. With few exceptions, you must file any lawsuit within two years of the date that the prescription was misfilled. Do not fall behind in the claims process: Consult with an Alabama pharmacist malpractice attorney as soon as possible.

Recovering Compensation for a Misfilled Prescription in Alabama 

Were you or a loved one injured, made ill, or otherwise harmed by a misfilled prescription? If so, it is crucial that you are able to access the full and proper compensation that you deserve. In Alabama, you have the right to seek compensation for economic and non-economic damages through a pharmacy malpractice claim and a medical malpractice claim. However, you should be ready for an aggressive defense from the insurance company. Our Birmingham, AL, misfilled medication lawyer fights tirelessly to help clients maximize their settlement or verdict. If you were harmed due to a misfilled prescription, you may be entitled to recover compensation for: 

  • Emergency medical treatment;
  • Hospital bills;
  • Other health-related expenses;
  • Oncoming medical care needs; 
  • Lost wages and loss of earning power; 
  • Pain and suffering; 
  • Mental distress;
  • Disability or disfigurement; and
  • Wrongful death of a family member. 

How Our Alabama Pharmacy Error Attorneys Can Help  

Pharmacy malpractice claims are complicated. You need a strong advocate on your side. At Lewis & Feldman, LLC, we have the specialized expertise to handle these cases. When you reach out to our office, you will have a chance to consult with a Birmingham misfilled medication attorney who can: 

  • Listen to what happened and answer your questions about the legal claims process;
  • Investigate the incident—gathering the evidence needed to prove malpractice; 
  • Handle all legal paperwork and settlement discussions with the other side; and
  • Take legal action to get you and your family justice and financial compensation.  

Pharmacist malpractice claims are a specialized area of law. We have the unique expertise to help patients get justice, accountability, and the financial support that they need. You can rely on our Alabama misfilled prescription attorneys for personalized, results-driven representation. 

Call Our Birmingham, AL, Misfilled Prescription Lawyer for Immediate Help 

At Lewis & Feldman, LLC, our Birmingham pharmacy malpractice attorneys are skilled, experienced, and justice-driven advocates for victims and families. If the pharmacist misfilled your prescription, we can help. Get in touch with us at 205-896-6410 or connect with us through our website for a free, no-commitment consultation. With a law office in Birmingham, we serve communities throughout the region, including Mountain Brook, Bessemer, Gardendale, Trussville, and Hoover. 

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