Marietta Pharmacy Negligence Lawyer
When a patient suffers injury because of a pharmaceutical error, a Marietta pharmacy negligence lawyer could step in to help. These errors could be drastic and cause life-altering effects for victims.
If you have been injured, either through negligence or intentional malice, you need to contact a client-centered attorney who could help you recover the compensation you deserve. Attorneys could enlist the help of an in-house doctor to assess your injuries and better substantiate your claim in court with cutting-edge courtroom technology.
The Georgia Pharmacy Practice Act
All pharmacies and pharmacists practicing within the state of Georgia are mandated to adhere to the Georgia Pharmacy Practice Act. This law includes licensing requirements, drug substitutions, patient counseling, how patient records and medications are handled, responsibilities of a licensed pharmacist, accounting for controlled substances, and many other important regulations. These laws are in place to protect both patients and pharmacist as well as other pharmacy staff.
What Is Pharmacy Negligence?
When pharmacists or other employees do not adhere to these laws, they are negligent, and patients could suffer. There are many different types of negligence and errors that could occur in a pharmacy setting. Examples of pharmacy negligence might include:
- Providing the wrong prescriptions,
- Recommending a wrong medication dosage,
- Inadequate pharmacy regulations,
- Failure to counsel or educate patients,
- Failure to warn patients about side effects or to inquire about serious allergic reactions,
- Providing improper or incomplete instructions on medication or dose,
- Lack of communication with prescribing provider, or
- Failure to recognize contraindications with other drugs.
A seasoned Marietta pharmacy negligence attorney could help with any of these circumstances.
The Losses Caused by Pharmacy Negligence in Marietta
The victim’s pharmacy negligence lawyer in Marietta must prove to a jury or have sufficient facts and evidence to be able to substantiate that the wrongdoer breached a duty of care owed to the victim. The attorney must also show that the victim suffered injuries and damages as a direct result of the breached duty. Damages are the reason a victim seeks financial compensation and are specific to each case.
Common damages claimed for pharmacy negligence include:
- Loss of enjoyment of life,
- Physical and mental pain and suffering,
- Loss of future earning capacity,
- Loss of consortium,
- Past and future medical bills,
- Lost wages, and
- Loss of society.
Importantly, in 2010, the Georgia Supreme Court removed caps on awards for non-economic damages a victim could seek. This means that compensation could be awarded in proportion to the anguish victims have endured.
Pharmacy Negligence and Comparative Fault
The negligent or malicious party, through his or her attorney, may try to use the defense of “comparative fault”. In short, wrongdoers might try to convince the jury that the victim did something to contribute to his or her own injury. For instance, in a pharmacy negligence case, negligent parties may argue that the patient did not inform the pharmacist of an allergy, did not follow instructions for taking the medication, or failed to stop the medication when he or she should have.
With the assistance of a well-versed lawyer, victims could show the jury that they are not liable for what happened. Even if the jury determines that victims carry some fault, they could still recover damages if they are less than 50 percent at fault according to O.C.G.A. § 51-12-33(b).
Marietta Pharmacy Negligence Attorney
If you were victimized by a pharmaceutical error, do not sit idly and wait to see if wrongdoers offer you compensation for any injuries you suffered. Instead, call to speak with an attorney at any hour to conduct a free case evaluation and work with a team to address your needs. You could begin taking steps toward holding negligent parties accountable. Reach out to a Marietta pharmacy negligence lawyer immediately.
