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You relied on and trusted the pharmacist to fill your prescription, advise you regarding the medication, and the medication as related to your medical and health conditions. The patient informed Walgreens about the incident which resulted in no action. Every prescription should provide things like the: This is usually included in a small pamphlet that comes with the prescription but is sometimes left out. Other breaches of duty are less clear-cut. Maybe they touched you in a way that was not medically necessary or appropriate, or perhaps they said something sexually suggestive. Refusals at the Pharmacy: What You Can Do if Faced with a Religious Refusal at the Pharmacy. A patient cannot use a HIPAA violation as a direct cause of action in a privacy lawsuit.
H) Having been disciplined by a regulatory agency in another state for any offense that would constitute a violation of this chapter. Discuss the prescription with your pharmacist. However, the results can be severe when pharmacists and pharmacy staff make mistakes. Having an allergic reaction to a medication can be fatal. Unfortunately, errors do occur, and these can have serious consequences. What is considered pharmacist misconduct in south carolina. 9643 or fill out an online contact form for a free, no-obligation case evaluation. Therefore, a pharmacist may be held liable for failing to act on specific knowledge that he or she possesses regarding a drug's dangers to a specific customer. Should you have additional questions about pharmacy mistakes, we welcome you to contact our prescription error law firm for a free consultation. These errors tend to cause severe injury to the patient and possibly wrongful death. Each year, millions of people purchase birth control at their local pharmacies.
If, however, the complaint is warranted, the Board will take the case to the local District Attorney's Offices or California Attorney General for prosecution. To find out if you qualify for a medical error lawsuit, contact a lawyer quickly. What is considered pharmacist misconduct. Some examples of names that can confuse include: The FDA will change a drug's name in extreme cases of repeated confusion. In some cases, pharmacy negligence can be fatal. A plaintiff in a pharmacist negligence case must prove a resulting injury or harm. The complaint process is highly stressful and taxing for the pharmacist, and, if investigations proceed to formal disciplinary action, the penalties and effects can damage a pharmacist's career, reputation, and livelihood. Do you think your pharmacist or pharmacy technician may have violated a boundary or otherwise engaged in sexual misconduct or abuse?
Lives are on the line, so why does pharmacy malpractice even happen? Should you have a complaint or concern about their conduct or the care they provided, please contact the employer of the unregulated provider and/or the police. Missing Instructions and Failure to Advise. They ensure patients receive the correct medication at the right dose. The Standards of Practice for Pharmacists and Pharmacy Technicians define a patient as a person to whom a regulated member provides a professional service and includes a parent or guardian of a patient who is a minor. If you or someone you know has received the wrong medication from a pharmacy, contact a pharmacy malpractice lawyer to discuss your options. But what happens when a person takes the medication? Cutting costs means fewer pharmacists for more work or even trusting pharmacy technicians to do the same job as pharmacists, even though they're unqualified. Can a Patient Sue a Pharmacist for Violating HIPAA. To ensure procedural due process, a copy of this Complaint Form will be provided to the individual or entity against whom the complaint is filed. Filling a prescription with the wrong drug or dosage are breaches of duty, as is labeling the medication with improper use instructions.
Along the same lines as cost-cutting, stressful environments occur when high volumes of prescriptions come, and not enough pharmacists are working to balance the volume-to-person ratio. Failure to do this is known as a breach of duty of care. Doctors prescribe medications. Pharmacists and pharmacy technicians must always maintain professional boundaries with their patients. What is considered pharmacist misconduct in georgia. If you are being investigated by the North Carolina Board of Pharmacy, you should call a lawyer immediately. In July 2013, an Indiana jury awarded a $1. If you were injured or a loved one died of a pharmacy error, contact our Chicago personal injury attorneys at (888) 424-5757 (toll-free phone number) to schedule an initial case evaluation. To win a pharmacist negligence case, the plaintiff must prove four elements: duty, breach of that duty, injury or harm, and proximate cause of the injury or harm. Always open the bag before leaving the pharmacy to ensure it has the proper medications and dosage. Pharmacists and pharmacy technicians are in positions of power over a patient, by virtue of having professional knowledge and skill that patients rely on for their well-being. Pharmacies must establish protocols to prevent a dispensing error where discrepancies occur between the doctor's prescription and the drug delivered by the pharmacy.
Refusals at the Pharmacy: What You Can Do if Faced with a Religious Refusal at the Pharmacy.