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How do you prove prescription errors?

With over a billion prescriptions filled annually by the largest pharmacies in the US, millions of errors are made, and many of them are not discovered by the pharmacy. Customers often learn that their pharmacy gave them the wrong medication because they receive a phone call from the pharmacist. However, many times the error goes undetected by the pharmacy, and is discovered by the customer.

In these types of cases, the injured customer needs to preserve all evidence. This includes packaging, instructions, and pills. Often times, a pharmacy will advise you to bring in the incorrect medication. The pharmacy will then destroy it, leaving the injured customer with no proof that they received the wrong medication. Before you return the medication to the pharmacy, an attorney should be immediately contacted.

Pharmacies and their insurance companies often deny that errors took place. In these cases, an attorney can request a prescription history log from the pharmacy. Sometimes, the pharmacy will have put in black and white evidence that it dispensed an incorrect medication.

Also important are witnesses. A spouse or other family member can give testimony about what they witnessed.

In all cases in which a customer consumes an incorrect medication, immediate medical help is needed. Even if you are feeling fine, there may be hidden side effects. Medical records can document that an error occurred. Ideally, a customer receiving the wrong medication should bring the prescription with them to a doctor. The doctor can inspect the medication and determine if a mistake occurred.  

Have You Been Affected by a Pharmacy Mistake?

If you or a loved one has recently been harmed after being provided with the wrong medication, you may be entitled to monetary compensation for the injuries you have sustained. At Kane Law, we handle pharmacy error cases. To learn more about how we can help you pursue a claim for compensation, call 1-866-764-6060.


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