Failure to Provide Adequate Counseling

When people are prescribed medication, they typically go to the pharmacy to have their prescription filled. While medication is often necessary to treat or prevent a condition or illness, most medications have side effects, and it is critical for anyone taking medication to understand how the side effects may affect them. Thus, pharmacists are tasked with advising patients of the risks and side effects associated with a medication. When a pharmacist fails to counsel a patient adequately, it can cause an adverse reaction or place the patient in a dangerous situation that leads to harm. If you were injured due to a failure to provide adequate counseling, it is in your best interest to speak to an attorney regarding your potential options. The Cape Cod pharmacy negligence lawyers at the Law Offices of John C. Manoog, III, are proficient at aiding people harmed by pharmaceutical negligence in the pursuit of compensation. Our zealous advocacy has enabled us to recover several multimillion-dollar settlements and verdicts for the people whom we represent.

Under Massachusetts law, a pharmacist’s role is not limited to filling a prescription submitted by a patient. Instead, pharmacists have a duty to ascertain and prevent risks of patient harm and to counsel patients regarding the risks associated with each medication. When a pharmacist fails to adequately advise a patient of the side effects associated with a drug, it can result in significant harm. For example, many medications cause drowsiness, and patients should not consume alcohol or operate vehicles when they take these medications. If a pharmacist fails to advise a patient of such risks, the patient may unwittingly be placed in a dangerous situation, which can cause an accident or adverse health effects.

Similarly, if a patient should not take a certain medication while taking other medications or supplements, a pharmacist is required to notify the patient. A pharmacist is also required to advise a patient if a prior authorization is required from the patient's physician before a prescription can be filled. If a pharmacist fails to advise a patient that additional action must be taken before a prescription can be filled, it can result in a delay in the patient receiving the medication, which can cause significant harm.

A person who is harmed by a pharmacist’s failure to provide adequate counseling may be able to recover damages in a civil lawsuit. Generally, lawsuits arising out of a pharmacist's failure to properly counsel a patient set forth a negligence claim against the pharmacist. Under Massachusetts law, a plaintiff seeking to establish that a pharmacist is liable for negligence must first establish that the pharmacist owed the plaintiff a duty and that the duty was breached. The plaintiff must then show that the breach caused the plaintiff to suffer actual damages. In some cases, the pharmacist may argue that the plaintiff’s harm was caused by some other intervening force, and therefore he or she should not be held liable. The pharmacist’s negligence does not need to be the sole cause of the plaintiff’s harm for the plaintiff to recover damages, though. Instead, it must be a significant factor in bringing about the plaintiff’s harm.

Pharmacists have a duty to ensure that people who receive a medication are thoroughly advised of the risks associated with the medication. When they breach this duty, they should be held accountable for any ensuing harm. If you were injured by a pharmacist's negligent failure to provide counseling prior to distributing a medication, you should meet with an attorney to assess the claims that you may be able to pursue. The seasoned personal injury lawyers at the Law Offices of John C. Manoog, III, are proficient at handling pharmacist negligence claims, and we will zealously pursue the best outcome available in your case. We assist people in lawsuits throughout Cape Cod. You can reach us at 888-262-6664 or through our form online to schedule a conference.