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In the modern world, dispensing prescriptions seems to be one of a pharmacist's most sensitive duties. Many errors can happen, and the pharmacist or their assistants might face legal consequences whenever necessary. One of the riskiest areas that people are operating today is the pharmaceutical practice, even though pharmacists do not prescribe medication but hand out to patients what doctors have prescribed.

What Is Pharmacy Malpractice?

Just like doctors are held accountable for negligence when administering treatment to patients, people working in the pharmacy are also held responsible if they offer a medication that turns out to be erroneous or in dangerous dosage. Pharmacists are also prone to poor judgment after working long hours, and it is worth being aware as a patient that such accidents are likely to happen.

Studies show that more than 44,000 people die every year due to pharmacy malpractice

Studies show that more than 44,000 people die every year due to pharmacy malpractice, which indicates that you have to pay attention to and double-check what your pharmacist is doing to avoid being on the wrong side of bad medication or dosage. Serious mistakes are likely to occur, and you never know what will happen to you or a loved one.

Understanding some of the most common errors that are likely to be made at a pharmacy will keep you vigilant before they can turn out to be downright harmful. Some of the most common drugs dispensing mistakes at a pharmacy include:

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  • Misinterpreting a prescription due to the doctor’s bad handwriting
  • Mixing customers' drugs because of name similarities
  • Mistaking one drug for another
  • Incorrect doses
  • Other elements of negligence

Duty of Care

Every person who is bestowed with some authority in the medical field has the duty of care for patients. In this case, every pharmacist has the duty of caring for the patients who visit the drugstore. Most pharmacists understand the risks of giving certain drugs to people with various ailments and, therefore, have the highest degree of care.

As a result, all pharmacists need to be cautious in their duty to avoid possible harm to their customers. This explains why everyone working in a pharmacy should be of sound mind while at the same time possessing high qualifications.

Breach of Duty

As mentioned above, every pharmacist should have a reasonable duty of care to patients. Therefore, any act of omission or commission, especially in administering the drug other than prescribed by the doctor, amounts to a breach of duty. In most cases of pharmacy malpractice, there is sufficient evidence that pharmacists were negligent. Therefore, if a patient proves the breach of the duty of care, the pharmacist has the burden of proof to prove otherwise in court.

Causation

The plaintiff should prove the element of causation in pharmacy malpractice. Although there is sufficient evidence that the pharmacist has the duty of care and breached that duty, the patient should bring enough evidence to show that the pharmacists' actions caused the harm. Therefore, it lies in the plaintiff's hands to prove that what the pharmacist did was critical for causing the damage. The plaintiff must go ahead and hold the pharmacist liable as they directly caused him or her harm.

Filing for Pharmacy Malpractice

Just like medical malpractice, filing for pharmacy malpractice is a challenging endeavor. The law protects pharmacists as you have to prove that the pharmacists' actions significantly contributed to your injuries, which will amount to direct causation. Establishing a pharmacist’s liability is not easy either, as not all outcomes can be directly attributed to a clumsy pharmacist.

Nathalie Nicole Smith states that working hard and staying true to yourself are sure ways to win in life.

It is a complicated case that you cannot win easily despite having all the evidence. However, if youget help from a pharmacy malpractice lawyer, you stand a chance of winning actual damages and even punitive damages. Only an attorney specialized in pharmacy malpractice can professionally argue in such cases of negligent behavior.