Negligence is defined as a failure to exercise the degree of care which a person of ordinary prudence would exercise under the same circumstances. In layman’s terms, someone who is negligent has essentially been careless when doing their job. Negligence does not apply in cases of intentional harm.
There are many types of negligence which can occur in a medical practice, as well as with tangential services. As you may expect, pharmacy negligence occurs when a pharmacist who is dispensing drugs makes a mistake or omission due to careless operation or procedure.
To Prove a Pharmacy Negligence Case
All negligence cases require proof in several areas: duty, breach of that duty, causation of injury, and damages. Some courts have been reluctant to recognize the liability in regards to the pharmacists’ duties outside of dispensing the drugs, but the law is evolving.
In most cases, a pharmacist has to take only reasonable steps to prevent foreseeable harm and cannot be held accountable for all possible harm.
Duty refers to the requirement that a professional behave in a certain manner for the benefit of another. These days, pharmacist duties include more than simply filling their patient’s prescriptions correctly. Additional duties may include accurate patient counseling and thorough drug regimen reviews, although the law can be less clear as to liability.
A breach of duty can occur in two ways. Nonfeasance occurs when the expected activity is not performed, and malfeasance takes place when the activity is incomplete or incorrectly performed. If a prescription has been filled incorrectly, breach of duty is not difficult to prove. However, other breach of duty claims may not be as clear-cut. Call Probinsky & Cole if you have a question regarding this aspect of pharmacy negligence.
Causation is necessary to prove that the pharmacist’s negligence (and not some other event or source) actually caused the harm or injury in question. The defendant also must have been able to reasonably foresee that their actions might, in fact, have caused an injury.
Damages are assessed by the court after collecting all pertinent information, reports and medical records. This element requires that the court be able to compensate the plaintiff for their injury, generally through monetary compensation for expenses such as medical care or property repair.
In today’s world, medicine has become so highly specialized that several specialists may prescribe medication to the same patient. However, the dispensing of those medications is often consolidated into a single pharmacy. Therefore, a pharmacist can act as a medical supplier, medical historian, and advocate, including such diverse duties as:
- reviewing a prescription in light of the patient’s past medical history
- explaining all the potential side effects
- ensuring prescriptions from multiple physicians can be taken together
- contacting the patient’s health care provider if there is any concern regarding the prescribed drugs, based on medical history or contraindications.
This means that the pharmacist, as well as the physician, may be liable should injury or harm occur due to medications and reactions.
If you feel that you may have a pharmacy negligence or medical malpractice case, don’t delay. Call a personal injury lawyer who has knowledge regarding Florida negligence statutes; and can advise you as to the veracity of your claim. The attorneys at Probinsky & Cole understand that your health and safety is important to you, and we are here to help you sort through the facts of your case.
