Pharmacy Malpractice Attorney in New Jersey

Pharmacy Malpractice Lawyers

Pharmacists play a key role in our healthcare system, particularly when it comes to bridging the gap between physicians and patients. However, sometimes, pharmacists fail to perform their duties correctly, which causes patients to suffer severe consequences, leading to injuries or even death. In such cases, victims may need to seek legal recourse to address the impact of the malpractice on their lives.

If you are injured in New Jersey due to pharmacy malpractice, you need to know how to handle these situations. This empowers you to make informed decisions about pursuing legal action and ultimately protecting your rights and well-being. Get a free consultation with a pharmacy malpractice attorney in New Jersey at Varcadipane & Pinnisi, P.C. to help you understand your options.

What Does a Pharmacist Do?

Pharmacists are healthcare professionals who are responsible for dispensing prescription medications to patients. Their duties extend beyond simply filling prescriptions; they also provide important information about the medications, including usage instructions, potential side effects, and interactions with other drugs.

Additionally, pharmacists must verify that the prescribed medication is appropriate for the patient’s condition and that the dosage is accurate. They are expected to catch and correct errors that could harm the patient.

Pharmacists must also maintain meticulous records and comply with various regulatory requirements. They are often the last line of defense in ensuring patients receive the correct medication and understand how to use it safely. Given the importance of their role, negligence on their part can have serious, sometimes fatal, consequences.

What is a Medication Error?

According to NCCMERP, a medication error denotes “any preventable event that may cause or lead to inappropriate medication use or patient harm” due to a mistake in the prescribing, dispensing, or administration of a drug. These errors can happen at any stage of the medication process, from the moment a physician prescribes when the patient takes the drug. Examples of common medication mistakes involve the following:

• Incorrect medication. The pharmacist dispenses the wrong drug, which can lead to harmful or ineffective treatment.
• Wrong dosage. The patient receives a dosage that is too high or too low, which can result in overdose or lack of efficacy.
• Labeling errors. Incorrect labeling can lead to misuse of the medication, such as taking it at the wrong time or with the wrong instructions.
• Failure to identify drug interactions. Pharmacists are responsible for ensuring that the medications prescribed do not interact adversely with other drugs the patient may be taking and that they are safe for individuals with specific allergies.

Medication errors can have severe consequences, including:

• Severe allergic responses, such as anaphylaxis
• Toxic effects, potentially resulting in organ damage or failure
• Prolonged illness or complications
• Deterioration of the patient’s condition, sometimes leading to death
• Extended or additional hospital stays due to complications
• Additional treatment costs to correct the error

Main Causes of Pharmacy Malpractice

Pharmacy malpractice can occur for various reasons, often due to negligence or failure to adhere to the standard of care required in the profession. Some of the main causes include:

• Pharmacists who rush through their work or fail to double-check prescriptions can easily make mistakes. Dispensing the wrong medication or dosage is often the result of a lack of attention to detail.
• Inadequate communication between healthcare providers and pharmacists can result in misconceptions regarding a patient’s requirements. This is especially true if the pharmacist fails to clarify unclear instructions or does not verify the prescription with the prescribing physician.
• Pharmacies that are understaffed may place undue pressure on pharmacists to work quickly, increasing the likelihood of errors.
• If pharmacists or pharmacy technicians are not adequately trained, they may not recognize potential issues with prescriptions, leading to errors.
• Many pharmacies use automated systems to manage prescriptions. If these systems fail or are not used correctly, errors can occur, such as filling a prescription with the wrong medication.

How to Prove Pharmacy Malpractice?

Proving pharmacy malpractice can be challenging, as it requires demonstrating that the pharmacist’s negligence directly caused harm to the patient. To build a strong case, the following elements must be established:

• The pharmacist has a duty to provide accurate and safe medication to the patient. This is typically simple, as pharmacists are required to adhere to professional standards of care.
• The pharmacist failed to meet the standard of care, such as dispensing the wrong medication or failing to check for potential drug interactions, among other errors.
• There must be a direct causal between the pharmacist’s breach of duty and the harm suffered by the patient. For instance, if a patient was given the wrong medication and suffered an adverse reaction as a result, this would establish causation.
• The patient must have suffered actual harm, whether physical, emotional, or financial, due to the pharmacist’s negligence. This could include medical expenses, pain and suffering, lost wages, or long-term health complications.

Your medical malpractice lawyer in New Jersey will gather compelling evidence to support your claim. They may need to consult experts to help establish the standard of care and demonstrate how the pharmacist’s actions deviated from that standard. Additionally, medical records and relevant documentation are key in substantiating New Jersey medical malpractice claims.

How Long Do I Have to File a Lawsuit in NJ?

In New Jersey, the statute of limitations for filing a pharmacy malpractice lawsuit is two years from the date of the injury. You don’t want to miss this deadline; otherwise, you may lose your legal grounds to pursue recovery.

However, there are exceptions to this rule. For example, if the victim is a minor, the statute of limitations may be extended until two years after they turn 18. Additionally, if the injury was not immediately apparent, the “discovery rule” may apply, allowing the statute of limitations to begin from the date the injury was discovered.

Given the ins and outs involved in determining the appropriate filing deadline, it is vital to consult with a pharmacy malpractice attorney in New Jersey as soon as possible.

Consult Our Paramus, New Jersey Pharmacy Malpractice Lawyers Today

If you or someone you love has sustained harm because of medication error or pharmacy malpractice in Paramus, it is recommended to seek legal advice from Varcadipane & Pinnisi, P.C. immediately. Our experienced New Jersey pharmacy malpractice attorneys understand the intricacies of these cases and can help you navigate the legal process. We will work diligently to investigate your claim, gather evidence, and build a winning claim to hold the negligent parties accountable.

To help you obtain the rightful compensation you deserve for your injuries, contact our firm today at (201) 588-1500 for a free consultation. We will discuss your case and explore your legal options for seeking both adequate and timely restitution.

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