Who is at fault if you do not receive the correct medication

It’s a common occurrence: you see a doctor about a medical issue, they prescribe you a medication, you wait until it’s filled and then you go and pick it up at your local pharmacy. You rightfully assume that the prescription handed to you is the correct one and you proceed to take the medication as directed. For many, this is the situation they will find themselves in after being prescribed a medication. But what if you experience bad side effects and health issues after taking your medication, only to realize that it’s actually not the right prescription at all?

Unfortunately, pharmacy errors and prescription misfiling are common and happen more than you may think. If this happens to you, there are steps you can take to get the compensation you need and to hold the at-fault party liable for their actions.

Determine who is at fault

With the help of an experienced attorney, the first step is determining who is at fault for your illness or injury. A wrong prescription can happen at any stage: it can occur during manufacturing, during the doctor’s visit or at the pharmacy. A manufacturer can show carelessness and produce the wrong prescription or label it incorrectly, while a doctor may have filed the wrong prescription with the pharmacy. While these are very possible and do happen often, the most common form of incorrect prescriptions lands on the pharmacy. A few ways a pharmacy can be determined at fault for your injuries following an incorrect medication include:

  • Pharmacy hands you the wrong medication
  • You are given someone else’s medication
  • The pharmacist gives you the wrong instructions for taking the medication
  • The dose the pharmacist tells you to take is wrong
  • The pharmacist fails to relay potential warnings or dangers of taking a medication

Figuring out who was at fault for your prescription error will pave the way for your medical malpractice suit.

Prove that your injury or illness was a direct result of the medication

If you contracted a health problem after taking the wrong medication, you have to prove that it was because of that specific medication that the health problem occurred. If it can be proven that you would have contracted the problem with or without the medication, it will not be grounds for a case.

Hire an attorney

Proving that a pharmacy was at fault for your health issues, medical problems or even death can be difficult. While pharmacy errors are very common, it’s smart to have an experienced medical malpractice attorney to help you fight your case. They will help you prove that had the pharmacist done their job correctly, you would not be facing the issues you now face. At Balkan and Patterson, we will collect the appropriate evidence, investigate the issue and hold the pharmacy accountable for their negligence.

If you or a loved one was injured by an incorrect prescription, contact Balkan & Patterson to learn more about how we can help you. Contact us today at 561-750-9191 or visit our website.