The relationship between a pharmacist and customer is sufficiently close to justify imposing a duty. However, the courts have generally declined to impose absolute or strict liability without a showing of actual fault on the part of the pharmacist. A duty may arise from the filling of an order or prescription, the mislabeling of a drug, or the failure to explain the dangerous qualities of a drug. However, in order to recover for the negligence of a pharmacy or pharmacist a person who alleges injury must have been in privity with the pharmacy or pharmacist, or was a known or identifiable party to whom the pharmacy or pharmacist owed a legal duty. For example, allegations that a pharmacy knew a customer's child was allergic to certain drugs, and filled the prescription with such a drug, were sufficient to establish that the pharmacy had a duty to use proper care in filling prescription beyond simply following the prescribing physician's directions.
If your child is injured due to an medication overdose or dangerous interaction of prescription medication due to the negligence of a pharmacy and/or pharmacist you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.
Call 1-800-74-TRIAL
