Communication Errors

Doctors treat countless illnesses and conditions with medication. Many medications require a prescription, which the doctor will either write out for the patient to take or call into the patient’s pharmacy. Unfortunately, communication errors including the transmission of incorrect instructions can occur between the prescribing doctor and the pharmacy, hurting the patient the medication was supposed to help. Communication errors can cause not only inadequate treatment of an illness or condition, but they can also create additional harm and psychological distress. If you suffered injury due to a prescription communication error, you may be entitled to damages. The Cape Cod pharmacy negligence lawyers of the Law Offices of John C. Manoog, III, have over 150 years of collective experience assisting local residents who have been harmed by the careless conduct of others. We will work diligently on your behalf to help you seek the compensation you may be owed due to any harm caused by your prescription communication error. We have recovered verdicts and settlements in the many millions of dollars for our clients.

In Massachusetts, pharmacists can be held liable on a theory of professional negligence due to a prescription communication error. A communication error can occur in any step of the process of prescribing the medication and filling the prescription. Poor handwriting may result in an illegible prescription. If a pharmacist cannot read the prescription and does not contact the prescribing doctor to verify what it says, the pharmacist may administer the wrong medication or incorrect dosage. Similarly, if a doctor calls a pharmacy to prescribe a medication for a patient and the prescription is transcribed incorrectly, it can result in harm to the patient. In some cases, a patient receives the proper medication and dosage, but the pharmacy fails to provide adequate warnings to the patient regarding potential side effects of the medication, or potentially dangerous interactions with other medications, causing injury to the patient. If you were injured due to a prescription communication error, a knowledgeable pharmacy negligence lawyer can analyze the circumstances surrounding your harm and what compensation you may be entitled to recover.

Under Massachusetts law, to obtain a successful outcome in a pharmacy negligence case, you must prove that the negligent behavior of the pharmacist or technician caused your harm. First, you must show the applicable standard of care, which is what an average pharmacist would have done under the same set of facts. Then you must prove that the pharmacist in question breached the standard of care due to his or her action or inaction. For example, if a pharmacist failed to verify the dosage that a doctor prescribed or inquire about a patient’s allergies to medication, he or she may have breached the standard of care. Lastly, you must prove that the breach of the standard of care was the ultimate cause of your harm.

If you suffered harm due to a prescription communication error, discovery will be a significant part of the process of proving your case against the pharmacy or pharmacist responsible for your damages. Through the discovery process, your attorney will obtain documentation and testimony regarding the process of filing your prescription and any information the pharmacist obtained from the prescribing doctor or offered to you as a patient. In many cases alleging pharmacy negligence, an expert will be needed to testify as to the applicable standard of care for a pharmacist, and that the pharmacist in question breached the standard of care. An additional medical expert will likely be needed to set forth the opinion that the breach of the standard of care caused your harm.

If you suffered harm due to a prescription communication error, you should be able to recover the cost of any past medical treatment incurred in treating the injury you suffered due to the error, as well as the cost of any medical treatment needed in the future. You may be entitled to recover damages for pain and suffering as well. Additionally, if you were unable to work due to the harm you suffered, you may be entitled to compensation for lost wages or loss of earning capacity.

At the Law Offices of John C. Manoog, III, our pharmacy negligence attorneys have a record of obtaining favorable settlements and verdicts in cases involving prescription communication errors. We will aggressively advocate on your behalf to assist you in recovering the full amount of compensation you may be owed. We assist individuals in Cape Cod, and are available in Plymouth and Hyannis for consultations. Contact us at 888-262-6664 or via our online form to learn more about your legal rights. Nós Falamos Português.