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Law Offices of Stephen K. Miller, P.A
 
Pharmacist Errors: The Basics

Pharmacist Errors: The Basics

Have you or a loved one sustained injuries from a medication that was dispensed incorrectly, a wrong dosage, or a drug that was contraindicated to another medication you were taking? If so, you may be eligible to recover damages for your injuries. Pharmaceutical malpractice cases are unfortunately common, but there are specific laws in Florida that distinguish pharmaceutical malpractice lawsuits from medical malpractice lawsuits, even though Pharmacists are also considered doctors of pharmacy.

Under Florida law, malpractice committed by pharmacists is considered “Professional Malpractice,” meaning that it does not fall under the same statutory guidelines as medical malpractice lawsuits involving medical doctors. What constitutes pharmaceutical malpractice? According to Florida Statute 465.003, a pharmacist has a duty to provide counseling on proper drug usage, either orally or in writing, if he or she determines by using professional judgment that such counseling is necessary. This means that if your pharmacist failed to properly advise you about potentially dangerous drug interactions, then that would be a breach or his or her professional obligation to you. This issue has been litigated in cases involving overdoses of prescribed Opiate-based painkillers, benzodiazepines, and other similar drugs.

Pharmaceutical malpractice can also occur when a pharmacist improperly fills a valid medical prescription, causing a medication error. For example, if your doctor wrote you a prescription for a medication and the pharmacist filled the prescription with the wrong drug, you could suffer severe side effects as a result, leaving you with hefty medical bills and lost wages in addition to your injuries.

At the Law Offices of Stephen K. Miller, we accept personal injury, medical malpractice, and wrongful death lawsuits on a contingency fee basis, meaning you would owe us neither legal fees nor costs unless we recover money damage for you—thus, there is no up front cost to you for us to handle the case. In addition to personal injury, medical malpractice, and wrongful death cases, our firm also handles lawsuits involving divorce, custody battles, domestic violence injunctions, will and probate matters, and criminal defense cases.

If you or a relative has been seriously injured or killed as the result of a pharmacist, doctor, dentist or other professional’s negligence or malpractice, contact the Law Offices of Stephen K. Miller for a free phone consultation at (866) 496-8752 or via email at Info@ForYourLaw.com.

BY: Monica Perez-McMillen, Attorney at Law

June 15, 2012
 
 
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Gainesville
(Alachua County)

Jacksonville
(Duval & Surrounding)

Ocala
(Marion & Surrounding)

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(Levy & Surrounding)

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