Can I File a Medical Malpractice Claim for a Pharmaceutical Mistake? November 9, 2017.

When a patient is given the wrong medication or the wrong dosage, many things can go awry, depending on the drug. Consider Digoxin, which is often prescribed for congestive heart failure. If a doctor writes an order for 0.25 mg of Digoxin, and a pharmacist instructs the patient to take 2.5 mg, an overdose can occur, which could be fatal.

To file a claim against a pharmacist, you must prove that he or she had a duty to provide care, that he or she breached that duty, that you suffered harm as a result, and that you have losses that can be verified. A medical malpractice lawyer may be able to help you prove negligence.

An expanding area of professional malpractice involves the pharmacist counseling patients about medication. In many states, the pharmacist has a responsibility to ensure the patient understands:

• its purpose;
• possible drug interactions;
• why the medication was prescribed;
• how it should be administered (orally, topically, sublingually); and
• possible side effects.

Pharmacy technicians may also be held liable for injuries.

If you believe you suffered catastrophic injuries as a result of a pharmaceutical mistake, medical malpractice attorney Chris Mellino welcomes you to contact our Cleveland office for a free consultation. You may also download or request Chris’ free, easy-to-read guide to filing a claim in Ohio.