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Pharmacy Malpractice

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Pharmacy Malpractice Lawyers in Louisville, KY

Pharmaceuticals are crucial for many people’s health; we rely on them to treat certain conditions, control pain, and prevent diseases and viruses from taking hold in the body. Prescription drugs are powerful weapons against serious health problems and save countless lives every year. However, because these medications are so powerful, the consequences can be catastrophic when pharmaceutical companies or pharmacists make mistakes.

Drug manufacturers have a duty to put safe and effective products on the market. Physicians have a duty to prescribe the correct drugs to patients, and pharmacists have a duty to fill these prescriptions in a proper manner. When any of these parties fail in that duty, patients can suffer serious injury. When this happens to you or a family member, our malpractice lawyers are here to step in and help. We work to hold the right parties responsible and seek maximum compensation on your behalf. Contact us in Lexington or Louisville today.

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What is Pharmacy Malpractice?

Pharmacy malpractice is a form of medical malpractice. Just like other medical professionals, pharmacists and pharmaceutical companies must exercise a duty of care to prevent injury to patients and consumers. If they fail in that duty and people suffer harm, they can be held liable for medical malpractice and negligence.

This type of negligence occurs when the faulty prescribing of medication and drugs leads to injury or death in a patient due to:

  • Adverse reactions
  • Improperly filled prescriptions
  • Adverse drug interactions
  • Medication overdose
  • Denial of or lack of access to medication

At Wilt Injury Lawyers, we work to determine how your injuries happened and who should be held responsible for your losses, pain, and suffering.

How Do Pharmacy Errors Happen?

Pharmacy errors are happening more than ever, and the rush for profits and meeting corporate metrics may be to blame. A New York Times article reports:

In letters to state regulatory boards and interviews with The New York Times, many pharmacists at companies like CVS, Rite Aid, and Walgreens described understaffed and chaotic workplaces where they said it had become difficult to perform their jobs safely, putting the public at risk of medication errors.

They struggle to fill prescriptions, give flu shots, tend the drive-through, answer phones, work the register, counsel patients, and call doctors and insurance companies, they said — all the while racing to meet corporate performance metrics that they characterized as unreasonable and unsafe in an industry squeezed to do more with less.

“I am a danger to the public working for CVS,” one pharmacist wrote in an anonymous letter to the Texas State Board of Pharmacy in April.

The NYT also mentions patients who were given ear drops instead of eye drops, blood pressure medication instead of asthma medication, and a cancer drug instead of blood pressure medication – in the latter instance, an error that proved fatal.

Different Types of Pharmacy Errors

While most medication errors occur at the hospital or doctor’s office, pharmacy malpractice happens when pharmacists violate their duty of care to their patients. These errors can include:

  • Providing the incorrect directions for use
  • Failure to advise, including drug interactions or warnings
  • Dispensing the wrong medication
  • Failure to check for medication interactions
  • Dispensing the wrong dosage
  • Failure to check for allergies

These are just a few examples—any sort of negligence, carelessness, or even intention on the part of a pharmacy or pharmacist can result in injury to a patient. However, pharmacy malpractice can also extend to the pharmaceutical company or manufacturer.

What Are Defective Pharmaceuticals?

Defective drugs and pharmaceuticals, on the other hand, are medications or devices that were dangerous from the minute they left the manufacturer. They typically have adverse and serious side effects; side effects so severe and deadly that they outweigh the potential benefits of the drug. The U.S. Food & Drug Administration (FDA) oversees drug safety and recalls in the United States.

Per the FDA, “A drug recall is the most effective way to protect the public from a defective or potentially harmful product. A recall is a voluntary action a company takes at any time to remove a defective drug product from the market.” They also maintain a list of drug alerts and statements on their website.

Just a sampling of some of the defective prescription drugs that have caused harm and injury to patients over the past few years includes:

  • Truvada
  • Nexium
  • Zofran
  • Actos
  • Accutane
  • Celebrex
  • Fosamax
  • Risperdal
  • Depakote
  • Invokana
  • Onglyza
  • Valsartan

Prescription medical devices can also be defective and cause injury to patients. Some of these include:

  • Bair Hugger Forced Air warming blankets, which caused patients to develop staph infections
  • Hip implants, like DePuy, which caused issues like metal poisoning, decreased mobility, and other injuries
  • IVC filters, meant to mitigate blood clots, but migrated away in the body or fractured into pieces
  • Transvaginal mesh, which caused infections, bleeding, and organ perforations in patients

The Kentucky attorneys at Wilt Injury Lawyers are here to advocate for your rights if you were injured by a defective medication or medical device. We are happy to discuss the specifics of your case in a free and personal consultation.

Determining the Value of Your Pharmacy Malpractice Claim

Pharmacy malpractice can cause new injuries, cause a condition to become worse, or allow severe conditions to develop unchecked. Our lawyers work to identify all liable parties to ensure you or your loved one secures the maximum compensation to which you are entitled. This can include:

  • Medical bills, current and future
  • Wage loss and any loss of future earning capacity
  • Rehabilitation services and equipment
  • Miscellaneous expenses related to your injuries
  • Pain and suffering

Every person and injury are unique, so the specific value of your case will depend on your individual circumstances, which we can discuss in your free consultation.

When to File Your Claim

In general, for medical malpractice claims, the statute of limitations in Kentucky is one year. This means you have one year to file your claim from the date that your injury or illness occurred, or from the date you are diagnosed with your injury. If the malpractice statute of limitations expires before you file your claim, you can no longer seek compensation for your losses.

Do you have a pharmacy malpractice attorney near me?

Wilt Injury Lawyers has offices in Louisville and Lexington:

Louisville Office

13113 Eastpoint Park Blvd. Suite A Louisville, KY 40223
Phone: 502-253-9110

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Lexington Office

196 W. Lowry Lane, Suite 1 Lexington, KY 40503
Phone: 859-263-8818

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