Incorrectly Filled Prescriptions - Miami Lawyers

Serving Miami, Florida and Nationwide


When a pharmacy incorrectly fills a prescription, this error can be extremely serious. At The Hickey Law Firm, we have decades of experience with medical malpractice cases against drug producers, distributors, and pharmacies that make mistakes when distributing prescriptions.

There have been times where the cases were due to the inexperience and negligence of a pharmaceutical assistant as well. Sometimes, these assistants are untrained and unlicensed, and their lack of experience were the basis of a labor dispute between Walgreen's and its unionized pharmacists in Illinois.

When a pharmacy prioritizes profits over patient care, the risk of error goes up. The dedicated legal team at The Hickey Law Firm, P.A. works hard to protect the rights of patients in cases involving a pharmaceutical error. If you or a loved one believe you have suffered because of a mistake on the part of your pharmacy, please call our Miami medical malpractice attorneys today at (855) 375-3727.

Incorrectly Filled Prescriptions | Miami LawyersCommon Pharmacy Errors

Our Miami lawyers have encountered many breaches of duty on the part of pharmacies, including the following:

  • Inadequate training
  • Lack of prescription review, resulting in mistakes
  • Pharmacy rushing to complete orders and making mistakes
  • Failure to establish and maintain an appropriate “continuous quality improvement program” as required by Florida Administrative Code 64B16-27.300
  • Failure to call the physician or have the physician called to clarify the amount of the dosage of the prescription
  • Failure to counsel the patient or the patient’s agent about the dosage in violation of Florida Administrative Code 64B16-27.820
  • Failure to interpret and assess the prescription order for potential adverse reactions, interactions, and dosage regimen

Your pharmacist has a duty to ensure that the prescriptions you are receiving are not only in accordance with what your physician prescribed, but also to double-check the prescription for reactions with any of your other medications. Your pharmacist should also give you a general description of your prescription and its application, side effects, and warnings. Failure to do these things, along with several other mistakes can lead to severe, if not fatal side effects.

Expectations of Your Miami Pharmacy

In Florida, the pharmacy and the pharmacist have a duty of due care which arises under Florida case law and under the Florida Pharmaceutical Regulatory Statutes and Administrative Code. In addition to the pharmacist's duties to provide an exceptional level of care, the pharmacy is equally responsible for the care of its patients. Your pharmacy should provide you with the following:

  • Proper care in selecting, screening, hiring, training, and supervision of their employees
  • Proper education in dispensing drugs
  • Checking that their pharmacists are properly certified and licensed

Whether a pharmacy itself, pharmacist, or pharmacy assistant is the cause for your suffering, we can help you determine if you have recourse to file a lawsuit. If we find that there was negligence on the part of the pharmacy, our Miami medical malpractice attorneys will help get you compensation. We proudly serve clients in Miami, all of Florida, and nationwide. Please contact The Hickey Law Firm online today, or call us at (855) 375-3727.