Last Updated: July 12, 2020

How A Pharmacist/Pharmacy Can Commit Medical Malpractice Errors

Most are familiar with medical malpractice which involves mistakes doctors make diagnosing an illness or performing a procedure. Less well known is pharmacy medical malpractice. Pharmacists are entrusted to dispense medications to patients, and as a Chicago medical malpractice lawyer, we know their mistakes can have life-altering or life-threatening consequences.

Common pharmacy mistakes

In the modern health care system, there are a number of things that can go wrong that could lead to a pharmacist being held liable for medical malpractice.

  • Dispensing the wrong medication – Research indicates that about 10% of prescriptions are filled in error, and this mistake is simply unacceptable. Whether dispensing the wrong medication entirely or dispensing the wrong strength of the proper medication, any pharmacist who deviates from the physician’s instructions and gives out the wrong medication is almost always going to be found negligent. Even if the medication was mislabeled by the manufacturer, a jury may well find that the pharmacist should have caught the error.
  • Failing to take into account a patient’s medical history – If pharmacy records indicate that a patient is seriously allergic to a certain medication, the pharmacist should not dispense that medication. Instead, they should contact the prescribing physician or instruct the patient to do so. If the pharmacist does not do either, they may be found guilty of pharmacy medical malpractice.
    Alternatively, perhaps this is the first time the patient has visited this pharmacy, and the pharmacist knows a medication has a great risk for an allergic reaction. The pharmacist should ask the patient about their allergy history to try to determine if the patient might have an adverse reaction to the medication.
  • Failing to screen multiple prescriptions – A patient taking three prescriptions from different doctors might come to the pharmacy with a fourth prescription from another doctor. The pharmacist should review all four prescriptions to make sure the patient can take the new prescription along with the other three. If a pharmacist fails to screen multiple prescriptions, they may be found negligent.

If you or a loved one has been injured by a pharmacist’s mistake, you should contact us immediately either by email or call us at 888-HURT-318 (888-487-8318). We have many years’ experience practicing as a Chicago medical practice attorney, and at the Law Office of Scott D. DeSalvo we want to explain your rights and what types of recoveries are available to you.


"Hiring Scott was one of the best moves I have made in my life.   Scott is a down to earth person and attorney.  Scott is a 5 star first class act who really knows his stuff.   The Judge said his presentation was one of if not the best he had ever seen.   Take my advice, hire Scott. I’m sure you’ll be 200% satisfied.  I was."

Richard Lange

Cab Driver, Fall Down                  

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Scott DeSalvo, Injury Lawyer - 312-500-4500

I've been helping injured people just like you for my entire 20+ year career in all kinds of injury cases, and I can probably help you, too.You can call me 24/7/365, any time, day or night, to get a free copy of the Injury "Cheat Sheet" which gives you the Five Secrets to winning your injury case. 100% free & no obligation.Or, you can call and ask for a FREE case strategy session where I will answer all of your questions, 100% for free and no obligation. Call 312-500-4500. I look forward to hearing from you!

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