Planning to Sue a Pharmacy? Read These 4 Tips First

There can be a number of compelling reasons why you might decide that suing a pharmacy might be the best course of action to take, but that is not a decision that you take lightly.

As you will see when you view an overview from Elias, there are clear instances when the law is on your side, however, you will still need to go into the process with your eyes wide open and confident that you have professional guidance where you need it.

Here are some key considerations to think about if you thinking about launching litigation against a pharmacy.

1. Being held to account

It is important to know where you stand with regard to the state laws that apply in your area as this will make a key difference in how you approach a potential legal action.

The bottom line is that some state laws unequivocally hold a pharmacist accountable for their actions, such as dispensing the wrong medicine, for instance.

Other states tend to take a broader view with regard to the extent of their liability for an incorrect action that could have, or did, create a dangerous medical scenario.

It is always a good idea to get a professional opinion when it comes to interpreting the extent of a pharmacist’s liability. 

2. Meeting the required standard

Pharmacists have to adhere to a strict code of professional conduct and when one of them fails in that duty of care it could have dire consequences.

If you believe that your pharmacist has failed in their duty of care and there are is a case to answer for falling below an accepted professional standard there are options to consider.

It might be that you could launch legal action for malpractice or professional negligence and a smart move would be to check which option their actions might lead to in terms of litigation.

3. Failure to check your medical history

Every time a pharmacy completes a prescription it is taken on trust that the pharmacist has noted your medical history and taken the time to check whether you have any allergies.

If they fail to read your notes or act upon any vital information contained within your notes it could leave them exposed to legal action, especially if this failure leads to a medical problem that could have been avoided.

4. Seen something you know is wrong?

Looking at it from another angle, it is possible that you might work at a pharmacy, for example, and have witnessed evidence of fraud or corruption.

Whistleblowing is a way to expose this criminality and the law is designed to offer protection to those that come forward to bring malpractice out into the open.

It is an extremely challenging and traumatic experience when you find yourself in this position and fear or intimidation are key drivers for someone failing to come forward with their information.

You should be aware that if you need to act as a whistleblower to stop medical malpractice or fraud the law is very robust in providing you with a high degree of legal protection.

Whatever your reason for wanting to sue a pharmacy the bottom line is that you should consider getting professional guidance to help you achieve the right outcome.