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Medication Errors and Pharmacy Malpractice in Palm Beach County

In a medication errors case captioned Oleckna v. Daytona Disc. Pharmacy the Florida Court of Appeal held that pharmacies owe their customers a duty of reasonable care. Pharmacists are required to use the amount care that a prudent pharmacist would exercise under the same or similar circumstances. Pharmacists have the duty to conform their conduct to the standard of care that is required of other pharmacy professionals. Pharmacists have a duty to exercise the degree of knowledge, skill, and care that would be required of a prudent pharmacist under the circumstances.

In the Oleckna case, the patient was treated for stress by a doctor who prescribed Xanax and Oxycodone. Over the next two years, the doctor repeatedly prescribed these medicines before the patient should have finished the preceding year’s prescriptions. The pharmacy followed the doctor’s orders and filled at least 30 of these prescriptions, even though they were issued too closely in time. The patient died from an overdose of Xanax and Oxycodone. The family brought a lawsuit against the pharmacy. The Florida Court of Appeal ruled that the pharmacy was negligent, despite the fact that it was following the doctor’s orders in dispensing these prescriptions.

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