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Can I Sue a Pharmacist for a Prescription Error?

February 21st, 2017
On behalf of David Bowling of The Bowling Law Firm, A Professional Law Corporation posted in Medical Malpractice on Tuesday, February 21, 2017.

U.S. News & World Report encourages patients to seek a second opinion if their doctor prescribes a particularly toxic or invasive treatment. Misdiagnoses are more common than many people realize, and taking the wrong medication or dosage could cause severe complications and possibly death.




According to the U.S. Food & Drug Administration, medication errors result in at least one fatality every single day and cause roughly 1.3 million injuries annually. If you think you were the victim of a medication error, you may have grounds for a medical malpractice claim.

David A. Bowling is a Baton Rouge medical malpractice attorney with more than 30 years of trial experience. He will evaluate your case to determine if you may be entitled to compensation for healthcare bills, lost income, and other damages. Call (504) 586-5200 to schedule a consultation at The Bowling Law Firm

Can I Sue a Pharmacist for a Prescription Error?

Much like doctors and other healthcare providers, pharmacists must complete an extensive education program and meet certain training requirements before they can assist patients. Because of these professional standards, the law requires pharmacists to practice the same standards of care as doctors. If a pharmacist does not practice these standards of care when filling a prescription and the patient sustains serious harm as a result, the patient may have grounds for a medical malpractice claim.

What Constitutes Medical Malpractice in a Pharmacy?

There is a variety of ways in which your pharmacist might commit malpractice. Common examples of medical malpractice include:

Overlooking possible allergies or drug interactions;

Dispensing the wrong medication or the wrong dosage;

Giving the right prescription to the wrong client;

Giving the wrong instructions for taking the medication; and

Failing to print pertinent warnings on the label.

What Will I Have to Prove to Win a Medical Malpractice Case?

The answer to this question depends on the specific facts of your case. In all medical malpractice cases, the plaintiff or his or her attorney must prove that the defendant provided a standard of care that is below the accepted standard of the defendant’s specialization. You will also have to prove that the negligence caused your injury, and you will have to show evidence to prove the value of your damages.

The success of your claim will hinge on the strength of your evidence. There are several types of evidence that your medical malpractice attorney may use to support your claim; common examples include pharmacy records, other medical records, the packaging or medication label, documents to prove lost wages and medical bills, and testimonies from medical and financial experts.

An experienced medical malpractice lawyer can help you gather this evidence and present your case. If the incident happened in Louisiana, turn to The Bowling Law Firm.

Call (504) 586-5200 to schedule a consultation with a medical malpractice attorney in Baton Rouge. You can learn more about malpractice claims in Louisiana by visiting

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