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Medication & Pharmacy Errors in Palm Beach County, Florida

A medication errors case against Wal-Mart was decided by the Florida Court of Appeal. In this case, the personal representative of an estate brought an action against the company. The lawsuit alleged that Wal-Mart engaged in pharmacy malpractice when the pharmacist negligently filled a prescription. The decedent received a prescription for a Duragesic patch from her doctor following a C-section. There was no time limit on the prescription. Over four months later the patient filled the prescription when she fractured her ankle. The Duragesic patch contains fentanyl. The patient died as a result of overexposure to the fentanyl.

The Florida Court of Appeal ruled that a pharmacist is required to use proper and due care when filling prescriptions. There is pharmacy negligence when a pharmacist fills a prescription that is unreasonable on its face. This constitutes a breach of the pharmacy’s duty of care. It is a pharmacy error for the pharmacist to fail to warn the patient about this danger or to speak with the doctor about whether this prescription should be prescribed for this patient. Here, the pharmacist erred in doing neither. This constitutes pharmacist negligence.

To speak with a medication errors attorney in Palm Beach County, Florida, contact Matthew Lane & Associates, P.A. at (561) 328-1111.