Reviewed by Paul E. Walker

Pharmacists have a huge responsibility. When a doctor writes out someone’s prescription, pharmacists are in charge of ensuring these prescriptions are distributed properly. That being said, though you may not think it, pharmacists have a great deal of responsibility, as any mistake could result in a detrimental outcome for a patient. For example, if a patient receives the wrong type of medicine or an incorrect dosage of medicine, they could fall extremely ill. In many cases, this could be considered pharmacist malpractice. If you are someone who is currently facing a medical malpractice claim due to an alleged act of malpractice as a pharmacist, you must continue reading and speak with our New York City OPD Defense attorney to learn more about how he can help you today. Here are some of the questions you may have:

What constitutes a valid medical malpractice claim?

For a pharmacist to be charged with malpractice, there must be evidence that the pharmacist owed the patient a duty of care. The plaintiff against the pharmacist would then have to prove that the pharmacist breached that duty of care. From here, the plaintiff would have to prove that the breach of care then resulted in significant harm and damages, and that had the pharmacist not made the error, the patient would not have sustained those damages.

What are some examples of pharmacist negligence?

As you can imagine, there are many ways in which a pharmacist can behave negligently. For example, as previously mentioned, the pharmacist could give the wrong medication to a patient. In other cases, the pharmacist could give the wrong dosage of medication to a patient. Sometimes, pharmacists will fail to contact a patient’s healthcare provider if the prescribed drug raises any concern. Pharmacists are also responsible for making sure that medications prescribed by different physicians can be taken together, and they must also ensure that prescriptions do not raise any red flags in relation to a patient’s medical history. When pharmacists fail to take these precautions, people can become seriously harmed as a result.

New York’s pharmacy regulations spell out several of these duties. Pharmacists must:

  • Keep a medication profile for each patient, including allergies and chronic conditions
  • Screen each prescription for duplicate therapy, drug interactions, allergy conflicts, and incorrect dosage or duration
  • Personally counsel patients on new prescriptions and dosage changes, including common severe side effects and interactions, unless the patient declines

How does a malpractice lawsuit work?

Separate from a lawsuit, which proceeds through courts and insurers, you may be subject to an investigation by the Office of Professional Discipline. From here, the OPD will thoroughly analyze the allegation to determine whether you should still be allowed to practice pharmacy. Rather obviously, these investigations are extremely serious, which is why if you are facing allegations of malpractice, you must retain the services of an experienced attorney today.

Contact our New York City OPMC & OPD firm

If you are a medical professional who has been accused of misconduct, you understand that your reputation, career, and livelihood are on the line. That is why these matters must be taken very seriously. At Walker Medical Law, our firm can help you navigate these complex and difficult times. Contact us today to learn how we can represent you.