Florida Pharmacy Malpractice Attorney

In the past, patients interacted directly with pharmacists at their local drugstores. Pharmacists knew their patients’ medical histories and current drug regimens. Today, multibillion-dollar corporations have replaced local pharmacies. Patients typically have never met the pharmacists responsible for filling their prescriptions and instead talk only to cashiers to place and pickup their orders. Often, all transactions are conducted via mail with no human contact. These huge conglomerates have streamlined the script filling process, allowing them to recover more profit, but at a high cost to patients.

Founded over 45 years ago, Searcy Denney is an experienced medical malpractice law firm in Florida that handles complex claims involving pharmacy mistakes. We investigate the circumstances leading up to your injuries to determine whether the doctor, pharmacist or pharmacy is at fault and file a claim against the negligent professionals and entities.

Common Pharmaceutical Mistakes

The medication in a small pill or a drop of liquid has the power to heal, or harm. Pharmacies have a duty to fill your prescription correctly to avoid:

• Allergic reactions and side effects: Pharmacists have a duty to check your medical history and flag medications contraindicated for your condition.
• Drug interactions: Pharmacists have a duty to ensure you are not taking multiple medications that could adversely interact.
• Medication mix-ups: Pharmacists have a duty to provide you with the correct medication, which can be complicated by similar looking pills or similar names of drugs.
• Under or overdoses: Pharmacists have a duty to measure your doses correctly, so you do not overdose or take an ineffective dose of the medication.

How Pharmacy Mergers Have Affected Patient Care

Pharmacies have grown into a volume business, focused on filling the most prescriptions quickly. This conveyor belt mentality gives rise to serious errors.

The pharmacists may not have access to your full history while filling your script or have the time to thoroughly review your records for dangerous drug interactions. Other medications or herbal supplements you take could interact adversely with the prescribed medication. Rarely do you speak to a trained medical professional to address concerns or discuss symptoms that might indicate a dangerous medical reaction. The printout you received with warnings and medical jargon is not a valid substitute.

Large drugstore corporations have multiple locations to serve patients. Despite maintaining a central computer system, your records do not appear at another location. A prescription filled at one location is not cross-referenced with one filled at a second location. This can be especially problematic for patients seeing several doctors for various medical conditions if the doctors also fail to fully investigate your pharmaceutical history.

Adding to the risk of error, overworked pharmacists often fill multiple prescriptions at once and handle thousands of tiny pills during the day. And yet, there is virtually no checks and balances that the pharmacist has not mixed up similar looking pills or miscalculated doses.

Pharmacy Error Investigation

Searcy Denney has represented injured patients in Florida for over 45 years. We have refined our processes for investigating and preparing a solid medical malpractice claim. During our investigation, our attorneys typically review the circumstances surrounding your injuries, subpoena hospital and pharmacy records, talk to eyewitnesses and consult with experts. Our Florida pharmaceutical liability attorneys have one goal: to recover the maximum damages possible on your claim.

Process of Pursuing Pharmaceutical Errors

Florida law requires you to bring your claim within a specific statute of limitations, possibly as short as two years from when you should have discovered the injury to you.

If you suspect you have been injured by a pharmacist’s mistake, pursue your rights immediately. Early investigation can improve your chances of achieving justice. Over time, evidence is destroyed or lost and witnesses’ memories fade. Our attorneys conduct a hard-hitting, thorough investigation to keep your claim moving forward toward resolution.

Our lawyers settle many pharmaceutical mistake claims through negotiations and mediation. We can maximize the settlement amount by presenting convincing evidence gathered during our dedicated investigations. If the pharmacy or its insurance company refuses to agree to your rightful settlement, we have the evidence and the experience to bring your claim to trial.

Proving the Elements of a Pharmacy Mistake

To prove a pharmacy mistake occurred, you must prove each element by a preponderance of the evidence. This means that more likely than not the medical mistake occurred as a result of a deviation from the standard of care, and it caused your injury. The elements of pharmacy negligence (mistake) include:

• The pharmacists or pharmacy owed you a duty of care
• That duty was breached by an act or an omission that deviated from the acceptable standard of care for a similar professional or entity.
• The breach of duty resulted in your injury
• You suffered damages because of the injury

Anticipating Defenses

You must not only prove that you have injuries, but also that the injuries were caused by the pharmacy error. Defendants typically refute this vital element of causation. The medical professionals and pharmacies may assert that your injuries existed prior to your medical care or that a subsequent accident caused your injuries. Our lawyers anticipate these common preexisting injury and intervening event arguments while building your case.

Contact a Florida Pharmacy Malpractice Attorney at Searcy Denney Today

Searcy Denney holds the medical professionals and pharmacies responsible for the injuries you sustained from an improperly filled prescription. For a complete free case analysis, contact our dedicated attorneys at (800) 780-8607. We handle your claim on a contingency fee basis.