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Pharmacist Malpractice Lawyers

Pharmacists, like other skilled professionals, have a duty to exercise a certain level of care to prevent injuries to their clients/patients. A pharmacist has specialized training and holds himself or herself out to the general public to be able and qualified to fill prescriptions without error. They are expected to act in a manner consistent with a reasonable person with similar education and training.

There are several ways in which a pharmacist can breach this duty: they could dispense the wrong dose of the drug, dispense the wrong drug entirely, or overlook a potential drug interaction.

When a pharmacist breaches the standard of care to which they are held, and this breach causes injury, they have committed negligence. Most pharmacists who commit such errors are sued under this basic negligence theory. However, they could also be sued under a breach of warranty theory (by filling the prescription, they warrant that the drug and dose dispensed are, in fact, the same as prescribed). They are generally not sued under theories of professional malpractice.

Whatever theory a pharmacist is sued under, generally all that needs to be proven is that the wrong drug, or the wrong dose of the right drug, were dispensed, and the patient suffered injury as a result.

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