Los Angeles Pharmacy Error Lawyer

Los Angeles Pharmacy Error Lawyer

When a pharmacy mistake happens, it’s not just a slip-up—it can alter lives forever, causing serious injuries or worse. That’s why you need a lawyer who is as relentless as they are experienced to fight for what you deserve. At Law Offices of Samer Habbas & Associates, PC, we stand ready to tackle these cases with grit and determination. In this piece, you’ll find out what really goes on behind the scenes of pharmacy errors, from how they happen to what you can do about them. You’ll also discover how having a sharp lawyer by your side could be the key to turning a nightmare situation into a fight for justice and rightful compensation.

About Pharmacy Errors

Pharmacy Error AttorneyPharmacy errors come in different forms. The first type is dispensing errors. This happens when you receive the wrong medication or the wrong dose. It might be a mistake in the label, leading you to take the medication incorrectly.

Another type is prescription errors. These occur when the doctor writes the wrong medication or dose. Sometimes, the doctor’s handwriting is unclear, leading to misinterpretation.

Administration errors occur when the medication is given incorrectly. This is common in hospitals or care homes where staff might give the wrong dose or give medication at the wrong time.

Lastly, there are monitoring errors. This type of error happens when there is a failure to check how you respond to a medication. Monitoring is crucial, especially with new prescriptions or high-risk medications.

Key Causes

Several factors can cause pharmacy errors. One of the main causes is human error. Pharmacists and technicians work long hours and handle many prescriptions, increasing the risk of mistakes.

  • Communication problems also lead to errors. Miscommunication between doctors, pharmacists, and patients can result in incorrect medication being dispensed.
  • Another cause is unclear handwriting from doctors. When prescriptions are hard to read, the chance of errors rises. This is one reason many practices now use electronic prescriptions.
  • Lack of proper training can also cause errors. New staff might not be familiar with all procedures, leading to mistakes in dispensing or administration.
  • Additionally, similar drug names can cause confusion. Medications with similar names might be mistaken for each other, especially if the pharmacist is in a rush.
  • Lastly, system errors in the pharmacy’s computer system can lead to mistakes. Software glitches or outdated systems can cause wrong information to be used.

Who to Blame in Pharmacy Error Cases

Pharmacy errors can cause serious harm, and several parties could be responsible. First, the pharmacist might be liable. They are directly involved in dispensing medication and must follow correct procedures. If they make a mistake, they could be held responsible.

Pharmacy technicians also play a key role. They often assist pharmacists by preparing and labeling medications. If they make an error, such as mislabeling a prescription, they could be liable.
The pharmacy itself could be liable for errors. This includes the owners and managers who oversee the pharmacy operations. They are responsible for hiring qualified staff, providing proper training, and maintaining safe procedures. If an error occurs because of poor management or training, the pharmacy could be held responsible.

Doctors who prescribe medication can also be liable. If a doctor prescribes the wrong medication or dosage, they can be held accountable for the resulting harm.

In Los Angeles, specific laws apply to pharmacy errors. The California Board of Pharmacy oversees the practice of pharmacy and enforces laws to protect public health. Pharmacists and pharmacy technicians must follow these laws to avoid liability.

Also, under California law, a pharmacy must report significant errors to the board. Failure to report can result in fines and further penalties. Notably, on October 8, 2023, Governor Gavin Newsom signed Assembly Bill 1286 into law, making California the first state to require the reporting of outpatient medication errors by community pharmacies. This law, effective as of January 1, 2024, requires pharmacies to report errors to an approved entity.

Additionally, California’s Medical Board regulates doctors and can take action against those who prescribe medications negligently. This includes suspending or revoking a doctor’s license.

Legal Options for Victims

If you are a victim of a pharmacy error, you have legal options to address the harm caused. One option is to file an insurance claim. You can report the error to your insurance company, which may investigate the incident. This process involves providing evidence of the error, such as medical records and receipts. The insurance company will review the case and decide if they will cover the costs associated with the error.

Another option is to file a lawsuit against the responsible party. This could be the pharmacist, the pharmacy technician, the pharmacy itself, or the doctor who prescribed the medication. Filing a lawsuit involves gathering evidence to show that the error caused you harm. This might include medical records, witness statements, and expert testimony.

In California, you must file a lawsuit within a specific time frame, known as the statute of limitations. For pharmacy errors, you generally have one year from the date you discovered the error to file a lawsuit, or three years from the injury date, whichever is earlier. It’s important to act quickly to protect your rights.

You might also consider filing a complaint with the California Board of Pharmacy or the Medical Board of California. These boards can investigate the incident and take disciplinary action against the responsible party. This might not result in financial compensation for you, but it can help prevent future errors.

Potential Damages

Pharmacy errors can have a serious impact on your life. You might face health problems, emotional stress, and financial burdens. Health issues can include worsened conditions, new illnesses, or harmful side effects. Emotionally, dealing with incorrect medication can cause anxiety, stress, and fear. Financially, you may have extra medical bills, loss of income, and ongoing treatment costs.

For these reasons, you can recover various damages in a pharmacy error case. These include medical expenses, lost wages, and pain and suffering. Medical expenses cover both past and future treatment costs. Lost wages compensate for the income you missed because of your health issues. Pain and suffering address the physical and emotional distress caused by the error.

Specific laws on partial fault can affect your case. If you are partly at fault, your compensation might be reduced based on your percentage of fault. Wrongful death laws apply if a pharmacy error causes a loved one’s death. In those cases, you can seek damages for funeral expenses, loss of companionship, and other related costs.

Next Steps Victims Should Take

If you experience a pharmacy error, act quickly. First, stop taking the incorrect medication and contact your doctor. Next, inform the pharmacy about the error and keep the medication and packaging as evidence. Document your symptoms and seek medical attention if needed. Finally, consult a pharmacy error lawyer, as they can help you immensely in the legal process. They gather evidence, such as medical records and witness statements, to build a strong case. They negotiate with the pharmacy or insurance company on your behalf. If needed, they will take your case to court to fight for the compensation you deserve.

Contact Los Angeles Pharmacy Error Attorney Samer Habbas

habbasPharmacy errors can have severe consequences. If you or a loved one is a victim, contact Law Offices of Samer Habbas & Associates, PC by calling 949-727-9300 or contacting us online for a consultation with a pharmacy error attorney. Our skilled lawyers will guide you through your legal rights and options.

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