A recent case involving a woman in Florida highlights the serious risks of pharmacy errors. The woman, battling severe blood clots after breast cancer treatment, was given the wrong medication when she filled her prescription at a pharmacy. Though this incident occurred in Florida, it raises important questions about the legal rights of patients in Maryland who may face similar pharmaceutical errors.
In Maryland, victims of prescription errors have the right to seek compensation through a personal injury or medical malpractice claim, depending on the circumstances of the case. Understanding how Maryland law addresses pharmaceutical negligence is crucial for those affected by such mistakes.
What is Maryland Law on Pharmacy Errors?</p> <p>
Like pharmacies in other states, Maryland pharmacies are held to high standards of care when dispensing medications. A pharmacy error, such as providing the wrong medication or dosage, can lead to severe health consequences for patients, especially when the medication is critical to managing life-threatening conditions.
In the Florida case, the patient was given the wrong medication in place of a blood thinner she depends on to prevent fatal blood clots. Mistakes like this are not only dangerous but can be life-threatening, as they expose patients to significant medical risks. In Maryland, when a pharmacy fails to exercise reasonable care in dispensing medication and a patient is harmed, the pharmacy may be held liable for the error under negligence law.
In Maryland, a pharmacy’s responsibility includes the following:
- Properly labeling prescriptions;
- Ensuring that the correct medication is provided; and
- Verifying that the dosage matches the doctor’s orders.
Even though most pharmacies follow rigorous procedures to prevent errors, mistakes can still occur. When they do, victims may have legal options to hold the pharmacy accountable for the harm caused by their negligence.
Filing a Medical Malpractice or Negligence Claim in Maryland
Depending on the specific circumstances, pharmacy errors in Maryland can result in personal injury claims or medical malpractice lawsuits. To succeed in a claim, the injured party must prove that the pharmacy breached its duty of care by failing to provide the correct medication or follow proper safety protocols.
For patients like the woman in Florida, a prescription error can result in severe consequences, including the worsening of a medical condition or life-threatening complications. In Maryland, if a pharmacy’s error causes harm, the patient may seek compensation for medical bills, lost wages, pain and suffering, and other damages related to the incident.
It is important to act quickly when pursuing a claim. Maryland has strict statutes of limitations for filing medical malpractice and personal injury claims. Victims generally have three years from the date of the injury to file a lawsuit, though the timeline may vary depending on when the patient discovered the error.
The Role of Pharmacy Oversight and Regulations in Maryland
In Maryland, pharmacies are subject to strict oversight and regulations designed to protect patients from harmful errors. The Maryland Board of Pharmacy oversees licensing, compliance, and enforcement of safety standards for pharmacies and pharmacists throughout the state. These regulations include requirements for accurate labeling, double-checking prescriptions, and ensuring the correct medication and dosage are provided to patients.
When a pharmacy error occurs, it often raises questions about whether these regulations were properly followed. In the case of a prescription mistake, pharmacies may be investigated to determine if they adhered to state-mandated safety protocols. Violations of these regulations can lead to disciplinary action, fines, or even loss of a pharmacy’s license.
However, regulatory oversight alone does not provide direct compensation to individuals harmed by these errors. While the state may take action against the pharmacy, it is up to the patient or their family to pursue a legal claim to recover damages. This is why it is essential for victims of pharmacy errors in Maryland to seek legal guidance, as pursuing a civil claim ensures accountability beyond state enforcement measures.
By working with an attorney familiar with pharmaceutical error cases, patients can better understand how pharmacy oversight and legal action intersect, ensuring they receive compensation for their injuries while also contributing to improved pharmacy safety for others.
Contact the Dedicated Maryland Injury Lawyers at Lebowitz & Mzhen to Learn More
If you or a loved one was recently injured due to another’s negligence, it’s important you take a few minutes to learn about your rights and what you can do to hold the at-fault party accountable. At Lebowitz & Mzhen, we have decades of combined experience handling all types of personal injury, wrongful death, and medical malpractice lawsuits on behalf of clients throughout Maryland and Washington, D.C. To learn more and to schedule a free consultation today, give us a call at 800-654-1949. You can also connect with us through our secure online contact form.