Pharmacy Error Liability Defense
While many people may have a knee-jerk reaction when their pharmacy has made a mistake, the facts always need to be examined closely. Not all medication errors result in injuries.
Investigating Pharmacy Liability Claims
Handling pharmacy error liability claims begins with a thorough and focused investigation. Every allegation requires a careful review of prescription records, communication logs and pharmacy protocols. It is essential to gather all relevant documentation, interview staff members and evaluate whether established procedures were followed at every step. Following the steps outlined below helps ensure the preservation of critical evidence and sets the groundwork for a strong defense:
- Collect and review prescription and dispensing records
- Interview pharmacists, technicians and other staff
- Analyze pharmacy policies and training programs
- Identify gaps in the evidence of the claimant
- Review communication with prescribing physicians and patients
- Assess compliance with state and federal regulations
Through a detailed investigation, we help pharmacies and insurance companies spot potential weaknesses in the claim and build a defense that limits exposure. By acting quickly and systematically, we protect clients against unjustified allegations and work to resolve claims with minimal disruption to business operations.
Common Defenses In Pharmacy Error Liability Cases
In defending pharmacy error claims, we use one or more of the following strategies depending on the circumstances:
- Causation challenges: Demonstrating that the alleged pharmacy error did not actually cause the claimed injury
- Comparative fault: Showing that other parties, including the prescribing physician or even the claimant, contributed to the harm
- Compliance with standard practices: Proving that the pharmacy followed accepted practices and industry protocols
- Lack of damages: Establishing that the claimant did not suffer any significant harm from the alleged mistake
- Procedural defenses: Identifying missed deadlines, improper notices or other legal errors by the claimant
We approach each case individually, with defense strategies selected based on the facts uncovered during the investigation process.
Why Choose Us For Your Defense?
Pharmacy liability cases require careful handling, and we have a strong background in defending these claims. We understand how to navigate regulatory requirements, work with insurance carriers and minimize risk for pharmacies and health care providers. Clients trust us because of our commitment to thorough case preparation, timely communication and results-driven defense strategies. We aim to protect your interests and reach a fair final resolution.
Over 60 Years Of Experience Fighting Liability And Medical Causation
At The Law Firm of Connors & Connors, P.C., our lawyers provide an aggressive and nuanced defense that is able to discern how a medication error may have adversely affected someone and what was the pre-existing or unrelated condition. We work with a wide range of experts who help us develop clear and convincing evidence that can limit our clients’ exposure to liability. We defend insurance companies and self-insured pharmacies against all types of injury claims, including medication error claims in both state and federal courts. That experience includes a great deal of work in federal court as many of our clients are not domiciled in New York.
Our record of success has helped our attorneys earn a strong reputation within the legal community as well as the highest AV* Preeminent rating from Martindale-Hubbell’s peer review rating system.
We Serve All Five New York Boroughs, Call Us Today.
Rely on our decades of experience to help protect your business from exposure to liability for pharmacy errors. To schedule a consultation with one of our knowledgeable attorneys, call us in Staten Island at 718-619-4601 or contact us online.
*AV®, BV®, AV Preeminent® and BV Distinguished® are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the anonymous opinions of members of the bar and the judiciary. Martindale-Hubbell Peer Review Ratings fall into two categories – legal ability and general practice standards.
