Wrong Dosage Prescribed By Pharmacy- Lawyers In Texas
In order to obtain compensation for a client in a pharmacy wrong dosage lawsuit, we have to be able to prove three things:
- The pharmacy committed malpractice by giving you the wrong dosage;
- The pharmacy error caused symptoms and problems that you would not have suffered had you received the correct dosage; and
- The nature and extent of the harms and losses you suffered as a result of the error.
Proving the first element is fairly easy. This involves comparing the prescription written by the doctor with the actual prescription you received. Since the pharmacy is charged with filling the prescription as written by the doctor, the failure to do so is usually the fault of the pharmacy.
Proving “causation” – that the error caused harm – is often more challenging, especially in cases where there is no death or serious injury. In other words, we have to be able to prove the error was a substantial factor in bringing about a change in condition that would not have occurred in the absence of the error.
The third element, proving the nature and extent of the harms and losses you suffered as a result of the error, is a more practical issue, especially if there is no long –term damage. Practically speaking, the expected recovery has to be significant enough to justify the time, risk and expense of bringing a claim.
In proving causation and the extent of damages, we usually need the testimony of a physician willing and able to state that you were injured as a result of the pharmacy error. In other words, have you been to the doctor as a result of the error and, if so, will the doctor testify that you suffered harm as a result of that error? Unfortunately, in the absence of such testimony, it may be difficult to pursue a claim on your behalf.
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"We couldn't have been happier with the outcome." — BRYANT MCGILLA very popular pharmacy had given me the wrong dosage prescribed to me by my doctor. After a couple days I had to go back to see my doctor due to negative side effects. When we realized the negligence on the part of my pharmacist we hired Torry Law Group and we couldn't have been happier with the outcome of our case.
"Torry Law Group couldn't have done a better job." — Christy JarretMy brother had a really bad reaction to be prescribed the wrong medication. We hired Torry Law Group to represent him against his pharmacy and they couldn't have done a better job. We were very happy with the effort Mr. Torry & Mr. Rankin put into his case.