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Pharmaceutical Negligence

Millions of Americans rely on prescription medications to lead happy and healthy lives. Patients trust physicians and pharmacists always to prescribe and deliver the correct dose and amount. Unfortunately, medication errors are a common occurrence in the United States, injuring an estimated 1.3 million Americans each year.  Errors in administering prescription medications can cause catastrophic injury and even death. If a a medication error has injured you or a loved one, contact the experienced pharmaceutical negligence attorneys of Maginnis Howard.

Examples of Pharmaceutical Negligence

Common pharmacy errors include:

  • Filling a prescription with the wrong medication or an incorrect dosage
  • Giving inaccurate or incomplete advice about the medication
  • Neglecting to inform patients of side effects and/or drug interactions
  • Failing to consider a patient’s allergy to certain medications
  • Failing to consider the patient’s other medications and medical history

Whether you get the wrong dose of the right medication or the wrong medication altogether, there is a potential for life-threatening consequences.

Causes of Pharmaceutical Negligence

Most cases of pharmaceutical negligence are not the result of malice. Instead, human error and policy decisions greatly affect these life-threatening mistakes. In recent years, employees at pharmacy many large chain pharmacies have reported increased pressure to fill and refill prescriptions at a faster pace. Company policies may emphasize refilling 60- or 90-day supplies of medication. Additionally, staff cuts mean pharmacists and staff are rushing to fill medications to reach an arbitrary quota imposed by the pharmacy. In one North Carolina pharmacy, a pharmacist walked out after working a 13-hour day alone, filling more than 500 scripts in one shift. Policies and procedures like these put patients at increased and unnecessary risk.

Establishing Liability

Similar to medical malpractice, pharmaceutical malpractice occurs when a patient experiences a severe injury or death caused by an inappropriate medication. In any personal injury case, you must prove that your injuries were the result of someone else’s negligence.

An experienced attorney can help you identify the responsible parties, which can include the pharmacist, your physician, and even the pharmacy itself. The appropriate defendants and the amount of compensation available differs for each case. Therefore, speaking to a legal professional as soon as possible is essential to maximize your settlement.


Injuries from pharmaceutical mistakes can be costly and can affect the victim and their family for years. Damages that may be recovered in a pharmaceutical negligence case may include:

  • Medical expenses, both past and future
  • Lost earnings and/or earning capacity
  • Pain and suffering
  • Wrongful death damages

An experienced personal injury attorney can determine what damages apply to your case.

Statute of Limitations

In North Carolina, professional negligence claims resulting in personal injury, including pharmacy negligence, generally must be filed within three years from the negligent act of the provider.  Wrongful death claims must be filed within two years of the death.  Contact an attorney experienced in pharmacy negligence cases as soon as possible to ensure that the statute of limitations does not bar your case.

Consult an Attorney

Contact us today if you or a loved one suspects you’re a pharmaceutical malpractice or negligence victim. When a physician, pharmacist, or manufacturer has acted with negligence or malice, you can trust us to advocate for your justice. Maginnis Howard has three conveniently located offices in Charlotte, Raleigh, and Fayetteville, and represents clients across North and South Carolina. Our pharmaceutical negligence attorneys have decades of experience getting justice for the injured.

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