Pharmacy Error Attorney Doug Horn: Kansas City, St. Louis, Independence
Pharmacy error claims fall into the legal category of cases commonly referred to as pharmacist malpractice cases. These cases require a special concentration and substantial resources primarily because pharmacists are licensed professionals and will fight hard to maintain their credentials. Additionally, pharmacy mistake cases usually involve corporate negligence in which the corporation is committed to a vigorous defense presented by a skilled pharmacy error lawyer. Most of the pharmacy error cases that attorney Douglas Horn handles at our downtown Kansas City, St. Louis, and Independence law offices involve both:
- Pharmacist Malpractice, and
- Corporate (Pharmacy) Negligence
At the outset of our claim evaluation, there are three initial factors that need special consideration:
- Pharmacy (Pharmacist) Liability
- Causation of Injury
- Victim’s Damages
Pharmacy Liability
A pharmacy’s primary duties are to insure that the right medication in the right dosage is given to the right customer, with the right instructions and information. When a pharmacy fails to meet that duty or responsibility, the pharmacy has liability for their error and negligent conduct. Lawyer Douglas Horn, serving St. Louis, Independence, and the greater Kansas City area, has helped many victims obtain fair compensation for injuries caused by a negligent pharmacy or pharmacist.
The liability of a pharmacist or pharmacy is predicated on showing through the evidence that the pharmacy or the pharmacist was negligent in the handling, preparation, or the dispensing of a prescription. While there are many different kinds of evidence our pharmacy error attorney will seek out, certainly the wrong medication and / or the medication bottle or container is valuable evidence. Thus, please keep the container of wrong medication and do not give any of the wrong medication back to the pharmacist.
Liability is influenced by the pharmacy environment and we find that the liability of the pharmacy is further established by the fact that pharmacies, pharmacists, and pharmacy assistants are overworked and understaffed. Other factors contributing to liability include:
- Distractions such as customers needing assistance, telephones, high noise levels;
- Communication blunders between prescribing physicians and pharmacies;
- Confusing sound-alike, look-alike drugs; and
- Corporate policies, procedures, and protocols that have a negative impact on safety.
Causation of Injury
Our pharmacy error lawyer also must prove that the pharmacy mistake caused a distinct injury or an aggravation of a prior medical condition. One reason pharmacy error cases can get complex is because the victim is already being treated for a medical condition or illness. When a person is victimized by a medication error there are two primary considerations with regard to causation:
- First, the effect of being denied the prescribed medication to treat the underlying medical condition or illness;
- Second, the injury that was caused by the mis-filled medication.
In this regard, Horn Law works with experts who are very knowledgeable in toxicology and pharmacology. This is necessary in order that we can establish medical causation and take into account all causes and effect.
Victim’s Damages
Because every case of pharmacy error has special and unique circumstances, our attorney must be very detailed as to the pain, suffering, interference, disability, and other personal loss caused by the medication mistake. Generally, Mr. Horn and his legal team consider both economic and non-economic factors of damage.
For instance, economic factors may include:
- Medical expenses
- Lost income
- Rehabilitation costs
Non-economic damages may include:
- Past, present, and future pain, suffering, discomfort, interference, etc.
- Emotional or mental distress and anguish
- Past, present, or future disabilities or physical curtailments
- Loss of earning capacity or freedom to enjoy life
Contact Our Pharmacy Error Lawyer: Offices in Kansas City, Independence, St. Louis
If you have been the victim of a pharmacy error, contact lawyer Doug Horn. With offices in Kansas City, St. Louis, and Independence, Missouri, Mr. Horn has been holding negligent pharmacists and pharmacies liable for their actions since 1990.
Contact Attorney Doug Horn
Serving clients throughout Missouri, Kansas, and the Midwest
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INDEPENDENCE, MO
19049 Valley View Parkway, Suite J
Independence, Missouri 64055
KANSAS CITY, MO
Two Pershing Square, 2300 Main Street, 9th Floor
Kansas City, MO 64108
ST LOUIS, MO
West Port Plaza, St. Louis, MO 63146
OVERLAND PARK, KS
College & Metcalf, Overland Park, KS