Receiving the wrong drug or dose can worsen the condition being treated or cause an entirely new injury. If a pharmacist’s error causes that harm, Illinois law may allow you to seek compensation.
When an error amounts to negligence
A prescription mistake does not automatically create legal liability. A claim generally depends on whether the pharmacist failed to meet the accepted standard of care and whether that failure caused harm, which requires demonstrating the following elements:
- The pharmacist owed you a duty of care when filling your prescription
- The pharmacist failed to meet accepted pharmacy standards
- That failure caused the harm you suffered
- The injury led to compensable losses, such as medical expenses or lost income
Pinpointing where the error occurred can help show which professional standard applied and whether the pharmacist’s conduct fell below it.
How prescription errors can occur
A mistake can occur at different stages of filling a prescription. Common examples include:
- Providing the wrong drug after confusing look-alike or sound-alike medication names
- Miscalculating the dose so that you receive too much or too little medication
- Failing to identify a dangerous interaction between a new prescription and a drug you already take
Illinois pharmacy law requires pharmacists to conduct a drug regimen review for issues such as inappropriate dosages, drug interactions and contraindications. That review can uncover problems with the prescribed treatment, while the filling process helps ensure you receive the medication and dose that the prescriber ordered.
What evidence can establish causation
The key question is whether the mistake caused the health problem at issue. The timing of your symptoms, your condition before and after taking the drug and the treatment you needed can help establish that connection.
When the connection is not medically obvious, a qualified expert can explain how the drug could have produced the symptoms or condition involved. That analysis can also address other possible causes and whether they offer a more likely explanation.
Why filing requirements matter
Illinois generally gives you two years to bring a personal injury claim after it accrues. The discovery rule can delay that starting point until you know or reasonably should know that you suffered an injury and that wrongful conduct caused it.
An attorney can determine which filing rules apply, identify the proper parties and arrange any professional review the case requires. Addressing those issues early can also help prevent a filing deadline from expiring while the claim is still under evaluation.