Of the 133 firms that show medication error work on our 83 city lists in the United States, Schochor, Staton, Goldberg, and Cardea, P.A. scores highest on malpractice focus, published results, client reviews and experience, followed by Hastings Law Firm and The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. Each firm keeps its best score from the cities it serves; open a city for its full list.
Best Pharmacy Errors Lawyers in the United States
Feature your firm first on this page
This spot goes to one firm for a year. It's shown first, above everyone below, and labeled Featured.
4.8181 Google reviewsRated 4.8 out of 5 on Google from 181 reviews
Best for: Birth injury and hospital negligence
In its published cases, Schochor, Staton, Goldberg, and Cardea, P.A. describes oxygen deprivation during delivery and Erb’s palsy; it also publishes verdicts involving deaths after hospital care.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
4.6102 Google reviewsRated 4.6 out of 5 on Google from 102 reviews
Best for: Misdiagnosis and surgical injury claims
Among Hastings Law Firm's published results are a $19,750,000 failure-to-diagnose settlement and a $10,700,000 negligent-prescribing jury verdict. Because it focuses on malpractice and publishes those results, it tops this list.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
5.0216 Google reviewsRated 5.0 out of 5 on Google from 216 reviews
Best for: Delayed diagnosis and anesthesia injuries
An alleged delayed diagnosis of HSV encephalitis is behind the $11.65 million result published by The Law Offices of Dr. Michael M. Wilson MD, JD & Associates. For negligent anesthesia care, it reports another result of $8 million.
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
We order firms by how much of their work is medical malpractice, the results they publish, what their clients say, their experience, their standing with the regulator and the recognition they have earned, all from public records and the firms' own sites. How lists are made
Pharmacy errors lawyers by state
The rules change from one state to the next, so the lawyers near you are the ones to call.
You may have a malpractice claim if a pharmacy's negligent mistake has caused you harm. The wrong medication alone won't tell you what went wrong or who bears legal responsibility. If you think the pharmacy made a mistake, a healthcare professional should guide you on the medication. Save the packaging before you speak with a lawyer in your state, who can discuss your injury and the filing deadline.
What counts as a pharmacy error?
A pharmacy error is a mistake with the medication dispensed to a patient. The drug you receive might be wrong, including its strength. Someone might also miss a dangerous drug interaction. A pharmacy error lawsuit concerns the harm the mistake caused you; being unhappy with the pharmacy's service isn't enough to bring one.
Were you actually hurt? Horenstein, Nicholson & Blumenthal describes potential claims involving doctors or pharmacies that negligently give patients the wrong prescription drugs, causing harm to those patients. Scott Morgan's law firm also explains that a pharmacist may have to answer for damages caused by an error the pharmacist has made.
You can ask for help without having a legal theory. Explain what happened afterward, starting with the difference between the prescription and what you actually received. Leave any gap visible if you don't know part of what happened. Don't fill it with an assumption.
How an error can enter the medication process
Can you find the first thing that didn't match? The pharmacy may have supplied a medication the prescriber hadn't ordered, even though nothing was wrong with the prescription the pharmacy received. A missed interaction isn't the same concern as being given a drug you weren't prescribed. These questions can help you tell whether the medication error goes beyond what happened at the pharmacy.
Our Medication & Prescription Errors page covers the broader category of mistakes. You may also need to review Hospital & Nursing Negligence if you received the medication during hospital care, since the circumstances of that care need a look too. Even with its name on the bottle, the pharmacy isn't necessarily responsible.
Questions that connect an error to a possible claim
1
1.What was ordered?
2
2.What was supplied?
3.What harm followed?
Write down dates and names while they're fresh.
Warning signs worth checking
Check any mismatch you think you've found. It isn't proof of negligence. Compare the drug name and strength on the pharmacy label with the prescription information you have to see whether they match. Ask the pharmacist and prescriber to explain the concern if someone has told you there may have been a medication interaction.
This page can't identify symptoms that would prove the pharmacy made an error. The medication you're taking matters, as does what's happened to you. Ask a healthcare professional for guidance before you take anything else. Don't guess about stopping the medication or continuing to take it, and don't choose a replacement by guesswork either.
A bad outcome alone isn't enough to establish that malpractice occurred. Scott Morgan's firm and Horenstein, Nicholson & Blumenthal describe potential liability when someone is harmed by an error involving medication. The lawyer needs to examine how you were injured as part of reviewing your possible case.
When you talk with the lawyer, ask about the applicable standard of care. What should the pharmacy have done in your circumstances, and did its actions fall short of that standard? A lawyer in your state can explain which rules apply to the people involved, including those governing the pharmacy.
Ask the lawyer to review Causation too. The lawyer still needs to ask whether the wrong drug caused the harm you describe, even if the pharmacy gave you medication you weren't prescribed. Include the timing in your account, but “this happened afterward” doesn't fully explain how the mistake hurt you.
Next, describe the harm. KJT Law Group's discussion of prescription error cases names medical bills and lost wages as possible compensation categories, along with pain and suffering. That doesn't mean you're entitled to payment. Bring records that support your losses, and ask what the applicable law permits.
Build an account someone else can check
Write down what happened while it's still fresh in your memory. Use the dates on the prescription and receipt to check your account, plus any medical records you have. Mark a date as approximate whenever you can't be sure when something happened.
Make clear whether you saw something yourself or someone else told you about it. “The label showed a different strength” describes what you saw; saying “the pharmacist said the strength was wrong.” describes what you were told. You can include both, but tell the lawyer where each statement came from so there's no confusion about the source.
What to do before a case review
1
Ask for medication guidance
If you suspect a mistake, contact a healthcare professional. Describe what you received and what you took. Ask what you should do next.
2
Preserve what you have
Along with the receipt, save the bottle and the packaging it came in. Photograph the bottle's label. Keep any messages about the prescription, and ask what you should do to handle the medication itself safely.
3
Request the records
Request the prescription along with relevant pharmacy records. If you received care after the suspected error, gather those records too, with any bills you'd like the lawyer to look at.
4
Prepare a short written account
Describe how things didn't match and how you believe you were hurt afterward. If you know who you spoke with at the pharmacy, give their name when explaining those conversations.
5
Ask a state lawyer about the claim
Who might be responsible, and what evidence connects the mistake to your injury? Ask. Before all the requested records arrive, talk about the filing deadline rather than putting it off.
Compensation: ask about losses, not an average
There's no supported average settlement figure to give you here. KJT Law Group's discussion identifies possible types of compensation, but doesn't give an average payment. Scott Morgan's firm describes possible accountability for damages. It doesn't give a settlement benchmark either.
Published guidance on pharmacy and prescription error claims, not settlement averages
Publication date
Source
What the source discusses
source_url
November 8, 2018
Scott Morgan's law firm
Possible accountability for damages resulting from a pharmacist's error
Before the consultation, write an amount beside every loss you can back up. If you believe the injury cost you wages, bring that information along with your medical bills. Describe how the pain feels in your own words. Someone else's lawsuit isn't a place to borrow a dollar figure.
Given your injury, ask whether a case makes sense and which losses need more evidence. While you're talking, ask about fees and case expenses. Before you choose whether to hire the firm, make sure you've heard its explanation of those costs.
Deadlines differ by state
There isn't a single nationwide deadline for filing pharmacy error claims. Because each state sets its deadline, you'll need a lawyer in your state to explain how those rules apply to your circumstances. To find information for the relevant state, you can use our U.S. state pages.
To calculate your deadline, don't rely on this page. When talking to the lawyer, give the prescription's fill date and when you first thought something was wrong. If a family member was hurt, explain that too. Which dates affect the statute of limitations in your circumstances? Ask the lawyer.
Choosing a lawyer for the review
When a firm says it handles medication error cases, ask what work it has done involving pharmacy dispensing mistakes. Among the medical malpractice matters Leemon + Royer lists, for example, are medication errors that it handles. A listing doesn't show a result in a case like yours.
Make your questions concrete. What does the attorney need to see first? When investigating the suspected discrepancy, how would the firm check it, and what remains unknown about whether it caused your injury? You can ask whether a published result actually involved a pharmacy error if the firm has one to discuss.
When you're getting help for a family member, focus the account on their treatment rather than just what you discussed with the pharmacy. Whatever documents you have already, bring them. You don't need a finished legal argument when you arrive, but explain which documents you're still trying to obtain.
Next, have someone carefully review what happened. That won't predict whether you'll receive compensation. Once you've sought medical guidance about the prescription, give the attorney an account that can be checked against the records.
Before deciding what to do about the medication, ask a healthcare professional. Be exact when explaining what you received and took. While requesting the prescription and relevant pharmacy records, hold on to the packaging and receipt. Even while you're gathering documents, talk with a lawyer in your state if you believe the mistake hurt you, asking about a possible claim and how long you have to file.
Is it worth suing for medical negligence involving a pharmacy?
Someone needs to review your circumstances. If negligent prescription mistakes cause harm, Horenstein, Nicholson & Blumenthal describes those as potential claims. When a lawyer looks at your records, ask whether they show care below the applicable standard of care that connects to your injury. Before you choose whether to proceed, talk about the losses you've documented, including what the firm's fees and case expenses would cost you.
What is the average settlement in a pharmacy error lawsuit?
You won't find a supported average settlement figure in these law firm discussions. In discussing prescription error cases, KJT Law Group names pain and suffering as possible compensation categories, along with medical bills and lost wages. Those categories don't tell you what your claim is worth. Although a lawyer can examine your losses under the applicable state rules, you can't be promised a settlement or any particular payment.
What are red flags for a possible pharmacy error?
If the drug name or strength on the pharmacy label differs from the prescription information you have, ask someone to verify it. When you're concerned about a missed interaction, that's also a reason to talk with the pharmacist and prescriber about it. Having either concern doesn't, by itself, prove negligence. Ask a healthcare professional what to do about the medication, because this page can't tell you whether to change it.
What is a pharmacist not allowed to do when filling a prescription?
Which state you're in determines a pharmacist's legal duties. Rather than using a general list of prohibited conduct, ask a lawyer to look at what the pharmacy did and compare it with the applicable standard of care. When errors result in damages, Scott Morgan's firm describes the potential liability. So the lawyer can look directly at the suspected mistake during your review, bring the prescription together with the label from the pharmacy.