Pharmacists, like all medical professionals, owe a duty of care to their patients.
One of the most important duties a pharmacist has is to fill prescriptions accurately.
However, pharmacists have a tough job—especially these days—and it’s not uncommon for a pharmacist to make a mistake that drastically affects a patient’s life.
Key Takeaways
- A pharmacy medication error may involve the wrong drug, wrong dose, incorrect strength, wrong instructions, or a dangerous interaction that should have been flagged.
- Red flags after a dispensing error can include unexpected side effects, allergic reactions, overdose symptoms, worsening illness, or hospitalization after taking a new prescription.
- Pharmacy liability often depends on documentation—prescription labels, counseling notes, refill history, and whether the pharmacy verified patient identity and warnings.
- Poulos & Coates can review records and medical outcomes to determine if the medication error was preventable and what compensation may be available in New Mexico.
Who Is at Fault for a Medication Error?
When discussing who is at fault for a medication error, it’s essential to understand the different types of medication errors.
Generally, there are two sources of pharmacy medication error: the doctor and the pharmacist.
When the Doctor is at Fault for a Medication Error
Doctors may be responsible for a medication error if they prescribe the wrong medication or the wrong dose.
In this case, a pharmacist should catch the error if it’s obvious, but because doctors know your medical history best, a pharmacist may not be in the position to tell if a doctor made a mistake.
Doctors are also responsible for medication errors based on foreseeable drug interactions.
For example, certain medications enhance, negate or alter the effects of other medications.
Doctors should carefully examine a patient’s medical history and ask what medications they are currently taking before ordering a new prescription.
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What Happens if the Pharmacist Makes a Dispensing Error?
Pharmacists can also be responsible for medication errors. In these cases, the prescription from the doctor is correct, but the pharmacist makes a mistake in dispensing the medication.
Some of the most common dispensing errors include:
- Giving a patient the wrong medication,
- Giving a patient the wrong dose of the correct medication, and
- Failing to include certain warnings with a medication.
Of course, the vast majority of pharmacy dispensing errors are unintentional. However, that does not change the impact that they have on patients’ lives.
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Can Patients Sue a Pharmacist Following a Medication Error?
Pharmacists must exercise sound judgment and proper care when filling prescriptions. If a pharmacist’s preventable error due to inattention, carelessness, or inexperience harms a patient, they may be held legally liable.
However, these cases can be challenging to prove because a patient must be able to connect their injuries to the pharmacist’s error.
The fact that a medication error or incorrect dosage occurred doesn’t necessarily mean that a pharmacist was negligent.
However, medication errors don’t usually happen when pharmacists take the necessary time to fill a prescription.
Thus, while an error isn’t always the result of a pharmacist’s negligence, it’s a good indication that something went wrong along the way.
Those who suffered due to a pharmacy medication error should consult with an experienced pharmacy error lawyer to learn more about their rights.
Did You Suffer Due to a Pharmacist’s Negligence?
If you or a loved one suffered preventable injuries after a medication error, reach out to Poulos & Cavazos, LLP, for immediate assistance.
At Poulos & Cavazos, we have over 50 years of experience pursuing compensation on behalf of patients and their families.
As the only New Mexico law firm that focuses only on medical malpractice cases, we are uniquely positioned to successfully bring even the most challenging and complex cases.
To learn more and to schedule a free consultation, contact Poulos & Cavazos at 575-376-6600 today.
Pharmacy Medication Error FAQs in New Mexico
1. What is a pharmacy medication error?
2. What are common examples of pharmacy dispensing errors?
3. When can a pharmacy be liable for a medication error in New Mexico?
4. Can a pharmacy be responsible for a dangerous drug interaction?
5. What symptoms suggest I may have taken the wrong medication or wrong dose?
6. What should I do if I suspect a pharmacy medication error?
7. What evidence helps prove a pharmacy dispensing error case?
8. How much is a pharmacy medication error settlement worth?
9. Can I still have a case if the doctor wrote a confusing prescription?
10. How can Poulos & Coates help with a pharmacy medication error claim?
Where to find our Las Cruces, NM office:
Victor Poulos
Vic Poulos & Greig Coates became law partners in April of 2002, when the two medical malpractice litigators merged their offices, combining what is now over seventy years of litigation experience, to form Poulos & Coates, LLP. Licensed to practice before all State Courts of Texas, New Mexico, Iowa, and Kansas. Licensed to practice before the United States District Courts of Kansas, Iowa, New Mexico, and Texas (Western, Eastern, Southern, and Northern Districts of Texas), as well as the United States Court of Appeals for the Fifth Circuit and the U.X. Ax Court.
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