Need Legal Help? Call 215.925.4451

My child was given wrong medication by a pharmacy in Pennsylvania. Does he have a case?

Phil Blackman-Pennsylvania New Jersey Personal Injury LawyerPublished on behalf of Philip Blackman, an experienced personal injury lawyer who has devoted his entire career to helping individuals and families who have been injured due to medical malpractice, car accidents, fall accidents and more. FREE Consultations: 215.925.4451

A: Multiple parties can be held liable for drug or medication errors. For example, a hospital pharmacy or drug store pharmacy may be held liable in a pharmacy malpractice case.

In general, in order to succeed in any pharmacy malpractice case, the injured person has to prove that a medication error resulted in injury or damage. Just being given wrong medication, without a resulting injury/damage does not rise to the level of an actionable case.

Medication errors are very common and so long as there is some resulting injury, the patient can recover in tort under Pennsylvania or New Jersey law. Some injuries can be severe and oftentimes, death results from being administered the wrong medication. These kinds of injuries are actionable. However, worsened outcome or longer treatment can also be actionable in a medication error case.

Common kinds of medication errors include:

  • dosage errors,
  • incorrect/wrong medications, and
  • contamination.

Related Pennsylvania Pharmacy & Medication Error Law Articles:

Pennsylvania & New Jersey Pharmacy Error Lawyers

The lawyers at Schwartz & Blackman handle hospital malpractice cases in the Pennsylvania and New Jersey area:

  • PA: Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County, Allentown, Lehigh Valley, Norristown, Philadelphia
  • NJ: Atlantic County, Burlington County, Camden County, Gloucester County, Mercer County, Middlesex County, Monmouth County, Camden, Cherry Hill, New Jersey shore cities

*This website does not provide legal advice. Every case is unique and it is important to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.

Published: September 1, 2012

Medical malpractice Law Library

Failure to Implement Proper Procedures Leads to Hospital & Emergency Room Mistakes

There is a strong public perception that hospital deaths caused by malpractice are less than in reality. According to the Institute of Medicine, at least 44,000, and as many as 98,000 people die each year as a result of preventable hospital errors. In 2002, a study...

Pennsylvania & New Jersey Hospital Emergency Room Malpractice – Pharmacy Errors

Under Pennsylvania and New Jersey law, hospitals can be held liable for their own actions and failures to act in a case of medical negligence. Even where a pharmacist commits the actual negligence which results in the injury, the hospital may bear liability....

Proving Emergency Room Mistake & Medical Malpractice in Pennsylvania

Emergency room mistakes are common, especially considering that there are approximately 120 million visits to the emergency room per year. Emergency room personnel and doctors must make quick decisions, usually based on incomplete data in a high demand and oftentimes,...

Philadelphia, Pennsylvania Hospital Emergency Room Malpractice Law – The Statute of Limitations

In cases of hospital and emergency room malpractice, Pennsylvania's statute of limitations is two years from the date of the injury. However, in cases where the patient was unable to discover the abuse, the statute of limitations may be tolled. In such a situation,...

8 Tips for Better Treatment in a Hospital Emergency Room or Clinic

Over the past several years, emergency room waiting times have gotten longer for multiple reasons such as increased costs of health care,  hospital closures, etc. Historically, people with low income and minorities have poorer outcomes and longer wait times during...

FREE CONSULTATIONS

    Spam:  

    *No attorney-client relationship is created by use of this email form. Do not email confidential or time-sensitive information. Call the firm for immediate assistance.

    OUR OFFICES

    Pennsylvania Office
    The Pavilion
    261 Old York Rd., Suite 504
    Jenkintown, PA 19046
    Tel: (215) 925-4451
    Fax: (215) 574-1200

    New Jersey Office
    1415 Route 70 East
    Cherry Hill, NJ 08034
    Tel: (856) 427-0614
    Fax: (856) 424-3690