Can You Sue a Pharmacy for Medication Errors in Pennsylvania?

Patients can file a medical malpractice claim if any medical provider (including pharmacies) owes a patient a duty of care, breaches that duty, and the breach causes the patient harm. Pharmacists owe patients a duty of care if the patient has a prescription from a physician and the pharmacist agrees to fill the prescription.

Our Pittsburgh medical malpractice lawyers work with pharmacists who can show what type of breach occurred (such as giving the wrong medication) and with doctors who can show why the failure was dangerous.

According to Single Care, medication mistakes are fairly common. Worldwide, 5 percent of patients suffer medication-related harm. More than 2 million adverse event and medication error reports are submitted to the U.S. Food and Drug Administration’s (FDA’s) MedWatch program every year. (FDA, 2024).

What types of mistakes can pharmacists be held accountable for in Pittsburgh?

Medication errors happen for many reasons, according to the US National Institutes of Health. The different types of medical mistakes include the following:

• Dispensing expired medication.
• Improper duration. The failure of the pharmacist to inform the patient of the correct length of time to use the medications (being too short or too long may both have risks).
• Improper preparation. Not preparing the medication correctly – a mistake that may “occur with compounded prescriptions or medications that require a specific diluent for reconstitution.”
• Improper strength. Pharmacists need to ensure the medications that they give patients have the proper strength.
• Improper rate. Failing to inform the patient about the proper rate/frequency of use. An improper rate of use often happens with “medications given as IV push or infusions.”
• Improper timing. Pharmacists need to inform the patient about the scheduled doses. “Significant alterations in the absorption of some medications occur in the presence or absence of food. The result may be underdosing or overdosing.”
• Incorrect dosage. The improper dosage can cause overdoses, underdoses, and other dangers. “Not administering a scheduled dose of a medication is an error of omission.”
• Incorrect dosage form. This type of medical malpractice occurs when a pharmacist gives a patient a dosage “different than that prescribed, such as immediate-release instead of extended-release.”
• Prescribing known allergens. Pharmacists should use the proper technology, charts, physician communication, and patient communication to ensure patients don’t have known allergic responses to any medications.
• Contraindications. Pharmacists may be liable for failing to diligently review the other drugs a patient is taking for the possibility of dangerous “drug-drug, drug-disease, or drug-nutrient interactions.”

Another common medication error is failing to inform patients of known dangers the medications may cause or known dangers if the patient uses the medications improperly. Other medical mistakes the pharmacists may make include giving the wrong patient the medication, failing to comply with professional and legal standards, and failing to identify obvious red flags or to counsel/communicate as required. Ongoing clinical monitoring is typically the prescriber’s role unless otherwise agreed.

The common causes of medication mistakes, according to the NIH, include the following:

• Not providing the patient with the correct information
• Not obtaining a patient’s allergy history
• Improper tracking and checking of medication orders
• Poor interprofessional communication
• Poor patient communication, including language barriers
• Heavy workloads
• Distractions
• Illegible writing
• Distortions, which include improper or unclear symbols, abbreviations, and translations
• Improper protocols
• Improper labeling and packaging of medications
• Insufficient medical knowledge/training
• Not having the correct patient information

Pharmacists should also be aware of the different risk factors that can cause medication errors (according to the NIH). These factors include understanding how a patient’s age affects medications (for example, the doses for children are usually less strong than the dosages for adults), the increase in the number of prescribed drugs, and having more than one physician prescribe drugs for a patient. Prescription needs may also differ if a patient is in a hospital, another healthcare facility, or at home.

What type of injuries can medical mistakes by pharmacists cause?

Our Pittsburgh medical malpractice lawyers work with your doctors and with our network of doctors, when necessary, to verify that the pharmacist’s medical mistakes are the cause of your harm (or the harm of a child, parent, or other loved one). The possible dangers of medical mistakes include:

• Failing to properly treat the medical condition that the patient’s doctors were originally trying to treat
• Allergic reactions
• Heart attacks, strokes, and other heart failures
• Loss of vision
• Birth defects
• Seizures
• Overdoses
• Brain injuries
• Comas
• Internal bleeding
• Dizziness
• Nausea
• Vomiting
• Organ injuries or organ failure
• Death

What other medical providers may be liable for pharmacy medication errors?

When medical mistakes happen, our medical malpractice lawyers review every person, every prescription, and every interaction that led to the medication errors. In addition to filing a claim against the pharmacist/pharmacy, we may also file a claim against the prescribing doctor, hospitals, nurses, nursing homes, and other medical providers.

What can I do if a pharmacy’s medical malpractice causes me or a loved one harm?

If you or someone you love is suffering due to medication errors, you should contact our experienced Pittsburgh personal injury lawyers as soon as possible. We can review your claim, answer your questions, and explain your rights.

If you can, you should keep the medication containers, any labels, any pharmacy brochures or information, the bills for the medications, the dates you received the medications, and a record of when you took the medications.

We can arrange for you to receive a proper medical review of your health to treat your underlying health disorder and treat the harm the medications caused.

We file medical malpractice claims against everyone responsible. Personal injury claims can compensate patients for their medical bills, physical pain, emotional suffering, lost wages, and the inability to enjoy life’s pleasures, as well as all other financial and personal damages. Wrongful death claims compensate families when medication mistakes are fatal. Pennsylvania also recognizes survival claims in fatal cases.

Our lawyers have the experience and working relationships with legal and medical professionals to provide strong advocacy when pharmacists commit medical malpractice. Please call Carmody and Ging, Injury & Accident Lawyers or complete our contact form to schedule a free consultation. We handle medical malpractice claims on a contingency fee basis.