When we think of medical malpractice, our minds often jump to surgical errors or hospital negligence. We picture a surgeon leaving a tool inside a patient or a doctor misdiagnosing a critical illness. However, there is a quieter, equally dangerous form of negligence that happens every day in the heart of our communities. This is the pharmacy error. It is often called the silent error because it occurs behind a counter and arrives in a small, plastic bottle that looks exactly like the one you expected.
At Roger Victor Archibald, PLLC, we believe that trust is the foundation of the healthcare system. When you take a prescription to a pharmacy in Brooklyn or anywhere across New York City, you are placing your life in the hands of a professional. You trust that the pharmacist has the skill, the focus, and the dedication to ensure that the medication you receive will help you, not harm you. When that trust is broken, the consequences can be catastrophic.
The Hidden Danger of the Pharmacy Counter
The pharmacy is a vital part of our daily lives. From the busy streets of Flatbush to the quiet corners of Brooklyn Heights, we rely on pharmacists to be the final safety check in our medical care. They are responsible for interpreting a doctor's orders and dispensing powerful chemicals that alter our body chemistry. Because of the high volume of prescriptions processed daily, many pharmacies have become more like fast-food chains than clinical environments. This shift toward speed over safety creates a breeding ground for mistakes.
A pharmacy error is rarely intentional, but intent does not matter when a patient suffers a stroke, organ failure, or a severe allergic reaction. In the eyes of the law, a mistake caused by negligence is a breach of the standard of care. Our firm understands the intricacies of these cases because our founding partner, Roger V. Archibald, brings a unique perspective to this field. With years of experience in the pharmaceutical industry before his legal career, he understands the science and the protocols that should be followed. We use this "insider" knowledge to hold negligent parties accountable.
Common Types of Pharmaceutical Negligence
Pharmacy errors come in many forms. While some are caught before they cause harm, others go unnoticed until a patient is in the emergency room. We have seen how these mistakes can change a person's life in an instant.
The most frequent error is dispensing the wrong medication. Many drugs have names that sound or look remarkably similar. A busy pharmacist might reach for one bottle when they intended to grab another. For example, a patient expecting a mild blood pressure medication might receive a powerful sedative instead. Without a thorough double-check system, that bottle goes home with the patient, and the results can be deadly.
Incorrect dosage is another common issue. Even if the drug is correct, the amount prescribed is critical. A decimal point in the wrong place can mean the difference between a therapeutic dose and a toxic one. Children and the elderly are particularly vulnerable to these errors, as their bodies have less margin for error when processing potent medications.
We also see many cases involving a failure to check for drug interactions. Most patients see multiple doctors for various ailments. It is the pharmacist’s duty to maintain a profile of the medications a patient is taking and to flag any combinations that could cause a dangerous reaction. When a pharmacist ignores an automated warning or fails to ask the right questions, they are putting the patient’s life at risk.
Why Do These Errors Occur?
To understand why a pharmacist failed you, we must look at the environment in which they work. Many large retail pharmacies prioritize profit margins and speed. This often results in understaffed counters and overworked employees. When a pharmacist is expected to fill hundreds of prescriptions during a single shift while also managing insurance claims and answering phones, their focus is divided.
Distractions are the enemy of accuracy. A single moment of diverted attention can lead to a labeling error. If the instructions on a bottle say to take the medication four times a day instead of once a day, the patient is at risk of an overdose. In other cases, the pharmacist might fail to provide the necessary counseling. New York law requires pharmacists to offer consultation to patients, especially with new prescriptions. If they fail to explain how to take the drug or what side effects to watch for, they have failed in their professional duty.
The Legal Threshold: Is It Medical Malpractice?
Not every mistake at a pharmacy constitutes medical malpractice. To build a successful case, we must prove four specific legal elements. This is where the experience of our legal team becomes your greatest asset.
First, we must establish that a duty of care existed. This is generally the easiest part of the case, as a pharmacist automatically owes a duty of care to any patient for whom they are filling a prescription. Second, we must prove that the pharmacist breached that duty. This means showing that they failed to act as a reasonably competent pharmacist would have under similar circumstances.
The third and fourth elements are causation and damages. We must prove that the pharmacist’s mistake was the direct cause of your injury. This is often the most complex part of the litigation. If a patient is already ill, the defense may argue that the injury was caused by the underlying condition rather than the medication error. We use our deep understanding of pharmaceutical science to connect the dots and show exactly how the wrong drug or dosage harmed your body. Finally, we must document the damages you have suffered, including medical bills, lost wages, and pain and suffering.
The Impact on Your Health and Life
The physical toll of a medication error can be devastating. We have seen patients suffer from internal bleeding, heart attacks, and permanent neurological damage. Beyond the physical pain, there is the emotional trauma of knowing that the system meant to heal you actually caused you harm.
When you are injured by a pharmacy error, your world stops. You may face a long recovery period, multiple hospital stays, and the inability to return to work. The financial burden can quickly become overwhelming. Our goal is to ensure that you are not left to carry this burden alone. We fight for compensation that covers your past and future medical needs, ensuring you have the resources to rebuild your life.
Our Unique Pharmaceutical Background
What sets Roger Victor Archibald, PLLC apart is our deeply informed perspective. Mr. Archibald’s history in the pharmaceutical industry gives us a significant advantage during the discovery phase of a lawsuit. We draw upon a comprehensive understanding of the records to request, the questions to ask during depositions, and how to spot inconsistencies in a pharmacy’s safety protocols.
We understand the manufacturing, marketing, and distribution of medications. We know the standard operating procedures that pharmacies are required to follow. When we sit down across from the legal teams of major pharmacy chains, they know they are facing a firm that understands the science behind the medicine. This level of authority is essential when seeking a fair settlement or presenting a case to a jury.
Steps to Take If You Suspect a Medication Error
If you believe you have been given the wrong medication or the wrong dose, you must act quickly to protect your health and your legal rights.
Stop taking the medication immediately and contact your primary care physician or go to the emergency room if you are experiencing symptoms. Keep the medication, the original bottle, and the receipt. These are critical pieces of evidence. Do not return the medication to the pharmacy; they may take the evidence and leave you with nothing to prove your case.
Document everything. Write down the symptoms you experienced, when they started, and how they have affected your daily life. Keep track of all medical appointments and any communications you have with the pharmacy or your doctors. Finally, consult with a dedicated Brooklyn medical malpractice lawyer who understands the complexities of these claims. The sooner we can begin our investigation, the better your chances of a successful outcome.
Seeking Justice in Brooklyn and Beyond
We are proud to serve the diverse communities of New York City. We understand the local landscape, and we are committed to representing residents across Kings, New York, Bronx, and Queens counties. Our firm is built on the principles of integrity and relentless advocacy. We do not just see a case number; we see a neighbor who has been wronged.
The legal process can be intimidating, but we are here to guide you through every step. We handle the complex paperwork, the negotiations with insurance companies, and the rigorous demands of litigation so that you can focus on your recovery. Our approach is personalized and strategic, tailored to the unique facts of your situation.
Contact Roger Victor Archibald, PLLC Today for a Consultation About Your Case
If you or a loved one has suffered because of a pharmacist’s negligence, you do not have to face this challenge alone. The "silent" error may have caused deep harm, but you have the right to speak up and demand accountability. We are ready to listen to your story, evaluate your claim, and fight for the justice you deserve.
Our firm is dedicated to holding healthcare providers to the highest standards. We believe that when a professional fails to do their job, they must be held responsible for the damage they cause. Whether your case involves a small local pharmacy or a multi-billion dollar retail chain, we have the resources and the expertise to take on the challenge.
Call us today at 718-237-1111 or visit our office in Brooklyn to schedule your consultation. Let us put our unique pharmaceutical and legal background to work for you. We will help you understand your options and build a path toward the compensation and closure you need. At Roger Victor Archibald, PLLC, your health and your rights are our top priority.
Disclaimer: The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.