The effects of pharmacy errors can range from frustrating to tragic, and if you or someone you love has been a victim of a pharmacy error, you have the right (and some would argue an obligation) to bring forth a lawsuit. The practice area of law that would cover these types of cases is called personal injury law, and it’s important to know that the laws pertaining to personal injuries differ from state to state.
It’s also important to know that no two cases are exactly the same, and you should select a board-certified pharmacy attorney who can ascertain the facts of your case and consider the laws for the state where you live.
That said, the following describes situations where pharmacy negligence or malpractice has occurred at some stage of the process resulting in injury to a patient.
How Do I Go About Making a Claim?
First of all, be sure to save all of your receipts, prescription bottles, packaging, etc. – everything that could be related to the pharmacy error.
Second, if the pharmacy offers you an agreement to sign or wants to make a record of your case, do not do this. The pharmacy is the only one who benefits from you signing their agreement.
Third, contact Kennedy Law Firm, LLP, to evaluate the facts of your case. After the law firm has been retained, the attorney must send a letter of representation to the pharmacy and open up a claim. The attorney will order your medical bills and records and even ask if wages were lost due to the injuries. Next, the attorney will begin negotiating your claim after putting together a proposed settlement package.
Know the Statute of Limitations in Your State
When you have suffered a personal injury due to negligence or malpractice, it is your right to file a claim. But you must also be aware of the time limit in which you must file. This time limit is known as the Statute of Limitations, and each state differs in the time allowed. For example, in Texas, the allowable time to file is no later than two years from the date of the injury. In other states, the time allowed is only one year, and in some instances (depending on the facts of the case), it can be even less. Pay attention to the laws in your state.
What Is The Cost To Hire An Attorney To Represent Me?
Kennedy Law Firm takes viable pharmacy negligence and malpractice cases on a contingency basis. This means that if we do not recover a settlement for you, you don’t owe us anything. If we do obtain a recovery, we take a percentage of the amount of the compensation. You can always call us at 713-425-6445 to receive further explanation.
How Long Can I Expect The Process To Take?
This is a great question, but, unfortunately, there is no quick or easy answer. Different facts of the case will determine the length of the case. Just a few factors that weigh into the answer are:
- The severity of the injuries
- The length of the medical treatment
- Time lost from work
- The type of error that occurred (and if there were multiple errors)
One thing is for certain when you hire an attorney to represent you, the pharmacy can no longer ignore or deny your claim.
Pharmacists don’t wake up in the morning planning to harm patients, and when an error does occur, it is due to some form of negligence (which is a matter of law). The attorney’s job is to prove through the records, the medication bottles received, and perhaps through testimony that the negligence can be demonstrated. And lastly, it needs to be proven that the error caused the injury.
What Can I Expect In The Dollar Amount Of The Settlement Or Recovery?
You can expect to receive compensation for your injuries in these categories:
- Medical costs sustained
- Lost wages for your inability to work
- Quantifying damages for your physical pain (length of time is considered)
- Quantifying damages for mental anguish and distress
- Quantifying damages for any physical impairment (long-term or short-term)
- Quantifying damages for disfigurement, if any
- Wrongful death compensation
Why Should I Hire Your Firm?
Kennedy Law Firm has a history of successfully representing claimants in the following cases:
- Two-year-old seizure victim due to wrong medication given
- A patient who had ingested a near-fatal dose of a potent central nervous system stimulant. The pharmacist had mislabeled the medication.
- Successfully represented a patient whose pharmacist had instructed them to take a dose contrary to the physician’s instructed amount.
- A national pharmacy mistakenly gave a patient a powerful HIV medication instead of medication to treat the patient’s acid reflux.
Kennedy Law Firm is a board-certified pharmacy attorney with years of experience. We are ready to handle your case of pharmacy malpractice. You may also order our FREE book, “Making Pharmacies Pay for Their Errors,” which will help you learn even more about taking action due to pharmacy errors. You can order your free book today by filling out our confidential contact form or by calling 713-425-6445. We are here to help!