Who's to Blame When the Wrong Medication is
Prescribed and Harm Results to the Patient?
Speak to Our Prescription Error Lawyer in
Michigan or Prescription Error Attorney in Michigan to Learn
Speed or delay can cause pharmaceutical
negligence. The development of prescription drugs is sometimes
rushed and adequate testing gives way to pressures to get the
latest "wonder drug" into the marketplace. And sometimes a
pharmaceutical company or the FDA may be slow in recalling a
faulty drug and harm results.
The majority of pharmacy law Michigan cases
of harm resulting from medication, however, occur because of
pharmacy negligence. A pharmacist owes a duty to customers to
ensure that the proper medication is dispensed pursuant to the
doctor's prescription or order. The pharmacist must make sure
he understands what has been written. If the pharmacist does
not understand the written prescription, he must consult with
the physician to verify what has been written.
Free Consultation with Our Prescription Error
Lawyer in Michigan or Prescription Error Attorney in Michigan
If you believe you are a victim of pharmacy
malpractice, let our Michigan pharmaceutical lawyer or Michigan
pharmaceutical attorney fight for your rights. There is no
obligation if we evaluate your pharmacy law Michigan case and
no fee is charged unless a recovery is made.
Click here for a free
consultation or call 800-322-5543 and ask for Terry Cochran or
More About Pharmaceutical Error Cases
Large pharmacy companies have access to a
complete record of what medications have been dispensed to a
particular individual. That places the pharmacist in a position
to recognize if a physician makes a mistake in prescribing a
type of medication or dosage or in prescribing a medication
that might contradict a prescription written by another doctor.
The pharmacist, not the physician, is in the best position to
know if a contradiction exists.
If a prescription is significantly different
from what is shown on the pharmacy's computerized records, than
the pharmacist should contact the doctor and discuss the
discrepancy. If fact, many of the larger pharmacies advertise
on television about their advanced technological ability to
track a customer's prescription history. Anyone who advertises
this way places upon themselves a higher burden to communicate
with physicians and patients.
One doctor has no way of knowing what another
doctor has prescribed for any particular patient. Senior
citizens may not remember all the medications they are taking
or may mispronounce the name of a prescribed medication. And so
physicians are not good sources to prevent contradiction of
medication. The pharmacist remains the first defense and can be
held accountable if serious harm results from contradiction -
one medication reacting negatively to another.
In order for pharmacy negligence to occur
there must be actual damage to an individual. A mistake by a
pharmacist does not automatically create a cause for action.
The patient must have suffered injury or real damage or there
is not a basis for a lawsuit. Likewise, Michigan law provides
that any drug approved by the FDA is assumed to be a safe drug.
So if the FDA wrongfully allows a drug to be sold, and that
drug injures someone, there is no cause for action in Michigan.
Individuals do have an obligation to be
informed about the medication they take. If they come home with
a prescription and discover the pill is a different color or
shape, or that the dosage has changed, they should call their
pharmacist to discuss the difference. Sometimes generic drugs
are a different shape or color than a brand name so individuals
should call their pharmacist when concerns arise.
Let Us Help You
The Law Offices of Cochran, Foley &
Associates, P.C. is dedicated to representing individuals and
families who have suffered catastrophic losses as a result of
injuries, disabilities and death.
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