Medical Malpractice Attorney Serving the Columbus Area and Beyond
Medical professionals and pharmacists are held to a legal standard of care in prescribing and dispensing prescription medications. When pharmacy errors occur, victims may suffer serious harm and even death from incorrect medications or dosages. Columbus medical malpractice lawyer John Fitch has assisted victims of prescription drug errors throughout Ohio for over 30 years. He has the dedication and knowledge to provide clients with aggressive representation and diligent guidance throughout the process.
Bringing a Negligence Claim for Damages after a Pharmacy Error
In Ohio, pharmacists in drug stores, hospitals, and other locations owe a duty of care to the individuals whose prescriptions they fill. This duty extends to the prescribing doctor and the pharmacist’s employer as well. If pharmacists make an error in filling a prescription, such as providing a patient with an incorrect dosage, medication, or label, they may be liable for their negligence. Generally, a plaintiff has one year from the time that he or she discovered or reasonably should have discovered the injury to file a lawsuit. The time period for bringing a claim does not extend beyond four years in most circumstances, moreover, whether or not the harm was discovered.
In a negligence action arising out of a pharmacy error, the plaintiff must establish that the defendant owed a duty to the plaintiff, the defendant breached that duty by failing to conform to the legal standard of care, the defendant’s actions caused the injury to the plaintiff, and the plaintiff suffered actual damages. In a medical malpractice case, the plaintiff must prove that the conduct of the pharmacist or other health care provider failed to meet the standard of care that would be expected from a similarly trained pharmacist in the same situation.
In Ohio, a medical malpractice complaint must be supported by an affidavit from an expert medical witness who has reviewed the case and believes that the defendant breached the standard of care owed to the plaintiff. In addition, medical expert testimony is typically required to establish the appropriate standard of care within the medical community, as well as to support the plaintiff’s claim that the defendant failed to conform to that standard.
Damages in a malpractice case may include economic costs and losses, such as compensation for medical expenses and lost wages, as well as non-economic damages like pain and suffering. In Ohio, non-economic damages are subject to a statutory cap, which depends on the facts of the case and other damages awarded.
Discuss Your Personal Injury Claim with a Columbus Lawyer
If you or a loved one has been the victim of a pharmacy medication error, seeking legal advice from an experienced attorney may be vital in understanding your rights. At the Fitch Law Firm, our substantial legal experience and resources have helped many individuals make well-informed decisions regarding a potential claim. Columbus injury attorney John Fitch can assist you in exploring your options. He has guided people in many Ohio cities through the process of pursuing compensation, including residents of Cincinnati, Dayton, Cleveland, Toledo, Beavercreek, and Independence. Call 855-LAW-OHIO or contact us online to schedule a free consultation.