Pharmacist Malpractice Medication Error LawyerPharmaceutical Medication Malpractice Lawyers in NY
Pharmacists’ Liability for Improperly Dispensing Prescription Drugs
In NY, Only pharmacists are allowed to compound, package, label and dispense drugs. In order to properly dispense a drug, the pharmacist requires a prescription from a physician, or other licensed practitioner, such as a physicians assistant. The pharmacist is also obligated to exercise discretion in performing his/her job to ensure that patients are not receiving contra-indicated medication, whether they be a hospital pharmacist or a drugstore pharmacist.
What is a pharmacist’s liability for improperly dispensing prescription drugs?
In New York State, pharmacist have a duty to properly store, prepare and dispense drugs. The majority of lawsuits against a pharmacist are based on a failure to dispense drugs properly. The pharmacist’s responsibilities in dispensing drugs include choosing the correct drug and dosage and properly labeling the drug and dosage. In some states, the pharmacist has a duty to confirm a dosage with the physician when the physician prescribes a dosage in excess of the manufacturer’s recommended dosage.
Generally, a pharmacist does not have a duty to warn a patient about the side effects of drugs or drug interactions but are required to inform those prescribed medications of such side effects or drug interactions, upon the drug recipients request. However, some courts have held that a pharmacist has a duty to warn of the side effects of a drug when the pharmacist has actual knowledge of a condition which makes it potentially dangerous for the patient to take the medication. In addition, under certain circumstances, the pharmacist might have a duty to warn a patient or the prescribing physician of possible harmful drug interactions.
Theories of a pharmacist prescription Liability Case
In New York the dispensing pharmacist might be sued if a patient suffers a drug-related injury. One theory of liability is based on negligence or a failure to meet the pharmacist’s standard of care in dispensing the drug. The pharmacist is held to the highest degree of care in dispensing prescription drugs. If he/she dispenses the wrong drug or the wrong dose of the drug, he/she would be liable for negligence. It would also be negligence to substitute another drug (such as the generic for a name brand) or to dispense a drug without clarifying an incomplete prescription.
The pharmacist might also be liable for breach of warranty (an express or implied promise about the prescription drugs). Generally, the pharmacists warrants that a drug was compounded as prescribed, that he/she used proper care in filling the prescription, that he/she used the correct method in compounding, that the medication was properly labeled, and that no foreign substance was added to the drug. If any of these conditions are breached, the pharmacist could be liable for breach of warranty.
Some of the most common types of pharmaceutical malpractice or pharmaceutical negligence, include
If you feel that the wrong medication was given to you, or there is a failure in the ministration of your medication, and you were seriously injured by that mistake, you need to speak to a pharmaceutical malpractice attorney that is familiar with pharmaceutical malpractice, to answer any medication error questions you may have and who will insure your rights are protected. Because pharmaceutical related negligence could occur due to manufacturer, pharmacist, or other health practitioner who ministers the medication, who actually made the medication error can sometimes require a complex analysis. The Bisogno & Meyerson law firm is made up of experienced and knowledgeable medical malpractice attorneys who are immediately available to discuss with your injury and explain to you the rights and protections you are entitled to under New York State and Federal Law when it comes to drug related negligence. Call Now at 718-745-0880. The call is free and the information that you received could be very valuable. Our pharmaceutical drug negligence cases are taken on a contingency basis, and will not pay a dime unless we win your case.
Our Brooklyn Medication Error Injury Lawyers Will Get You The Compensation That You Deserve
When you or somebody you care about has been injured through the negligence of a pharmacist or a drug company, your bottom line is getting justice, by getting the compensation you deserve, so you can heal — while also ensuring financial security for you and your family. Our law firm has won over 100 Million Dollars for Seriously Injured New York Injury Victims. Since 1994, Bisogno & Meyerson, has served prescription medication injury victims in Brooklyn, Staten Island, and throughout New York City. Our highly rated prescription drug malpractice law firm has helped to secure large settlements and verdicts in New York. The only thing that really matters is what we can do to help you. Our motto is that we do one thing and we do it well. Our commitment is to helping injured clients, whether through obtaining a prescription drug malpractice Injury settlement or a verdict at trial.
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If you have been seriously injured in through the negligence of a pharmacist, doctor, nurse, or hospital, due to a prescription medication error, contact the medical malpractice law firm of Bisogno & Meyerson, LLP., to learn your rights and get the compensation that you deserve.
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At Bisogno & Meyerson, LLP, we give you 100 percent of our attention, consideration and effort, 100 percent of The time. And that is how we plan to get you 100 percent of the compensation you deserve when you or a loved one has been injured as the result of someone else’s negligence or reckless behavior. To schedule a free consultation with one of our skilled prescription medication error malpractice attorneys, please contact us online or call us at 718.745.0880. We arrange Home or hospital visits. All of our prescription drug related malpractice cases are taken on a contingency fee basis— so if we don’t win your case, you don’t pay a dime! That’s our guarantee to you! Our prescription drug malpractice lawyers speak Spanish, French, and Portuguese.
ACT FAST & CALL US NOW! DO NOT LOSE YOUR CHANCE TO BRING A LAW SUIT FOR YOUR SERIOUS PERSONAL INJURIES: prescription drug injury claims against pharmacists employed by the City of New York and other NY State and local government entities, including the New York City Health and Hospital Corporation (HHC) and others, have different filing requirements, that an ambulance medical malpractice victim must follow in starting a malpractice injury lawsuit against private defendants. To preserve your right to bring a lawsuit for your personal injuries, prescription malpractice victims, must comply with special rules, including the filing of a written formal notice of Claim (NOC) within 90 days of the incident, the only exceptions being catastrophic disability or death.
Contact us now and get very effective, award winning, five star client rated personal injury representation that our law firm has provided New Yorker’s, who have sustained serious injuries through prescription medication errors by their pharmacist.