Pharmaceutical malpractice is a big problem in the United States. According to an article published by the National Library of Medicine, in the United States alone, 7,000 to 9,000 people die as a result of a medication error each year. We ourselves have handled several medication errors cases and have witnessed firsthand their devastating effect.
Here are a few things you can do to increase your chances of getting money compensation when you are the victim of a medication error:
1. Report the Error Promptly
Report the error to the pharmacy as soon as possible. It is important the pharmacy is made aware of the error. When reporting it, be sure to do so in person or over the phone and also in writing. This will prevent the pharmacy from claiming they never knew about the error.
2. Keep the Prescription and Medication
Keep the prescription and the medicine in their current condition. When you report the error, the pharmacy may ask for the medication bottle and prescription. Do NOT give it to them. Keep them in your possession and do not use any more of the medicine or alter the bottle in any way.
3. Follow the Statute of Limitations
Make sure you file your case within the statute of limitations. Medication errors are considered medical malpractice and fall under the rules and laws that apply to those cases. As such, it is important you meet the requirements of a medical malpractice case. Most important of these requirements is the shortened two-year statute of limitations. Be sure you’ve consulted with an attorney well before this time so that suit can be filed before the limit.
If you’ve been the victim of a medication error and are interested in speaking with a lawyer about your rights, please contact our firm.
Meyerkord, Russell & Hergott have handled many such cases and are equipped to maximize your recovery.
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