In Massachusetts, a pharmacy and its employees, including pharmacists and pharmacy technicians, have a legally duty to properly fill prescriptions. Negligent failure to do so can result in a tort action, also known as a personal injury claim. The claim may be brought by the injured customer or the heirs of a deceased party.
While the Supreme Judicial Court has ruled that a pharmacy ordinarily has no legal obligation to warn customers of a prescription medication’s side effects, “when a pharmacy’s communication with a patient concerning a drug is limited to a single label warning of only one side effect, the pharmacy has undertaken a duty to warn correctly as to that specific effect, but not undertaken a broader duty to warn of all potential side effects.” However, when a pharmacy gives it customers more detailed lists of warnings- or promises in advertisements to give customers warning information regarding their prescriptions, it undertakes such a duty, and can be liable for negligence.
Pharmacy malpractice claims are often expert intensive as to causation of injuries, and the standard of care required of the pharmacist. The standard of care for a pharmacist in Massachusetts is what the average, ordinary, prudent pharmacist would have done under the same circumstances.
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.