Pharmacy Errors

Standing up for victims of medication and pharmacy errors

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Every day in America, more than 3,500 people are injured or killed because of medication and pharmacy errors, according to the U.S. Food and Drug Administration. That adds up to more than one million people harmed each year.

As the drug industry thrives and new pharmacies open in virtually every big box store, these preventable errors have become a tragic fact of life in the healthcare industry. In one recent study, researchers analyzed nearly 10,000 prescriptions filled at a large pharmacy in New Jersey. They found mistakes were made in 1 out of every 8 prescriptions, ranging from bottles containing the wrong drugs to labeling errors.

It’s a problem that continues to grow, as more Americans than ever are taking prescription medications. The elderly, who are more likely to take multiple drugs, are at particularly high risk.

Medication and pharmacy error cases require the best and most experienced lawyers

Healthcare professionals have a legal obligation to make sure you receive the correct medications, at the correct dosage, and with the correct instructions. Medication mistakes can happen in a variety of settings, including pharmacies, hospitals, outpatient clinics, and more.

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S.

We have obtained several of the largest medical malpractice jury verdicts in Maine history, and many of the largest settlements for our clients. Our attorneys are extremely knowledgeable about medical issues and skilled at proving fault, documenting the extent of your losses, and ensuring that your family receives full compensation. We have recovered $1 billion for our injured clients.

No other law firm in Maine can match the depth of our expertise and the resources we use to bring these complex cases to a successful conclusion.

Medication and Pharmacy Error Tips and Tools: What should I do if I have been given the wrong medication?

  • Never be afraid to ask questions. If the name of the drug is different, the pills look different, or the instructions are different than what you expected or were previously told, tell your doctor or pharmacist immediately.
  • Save bottles and paperwork you received from any provider that was involved in the prescription process.
  • If you have already started the medication, but believe it might be the wrong medication, bring it to your pharmacy and ask for verification.
  • If you are experiencing unexplained side effects, discontinue the medication and consult with your doctor or hospital.

Let Us Help You Win

Attorneys Jodi and Susan talking in conference room

A Law Firm That Listens

Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.

Our trial lawyers have won thousands of claims on behalf of those injured in a pharmacy error, and each year we build on that successful track record.

Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.

We'll Take Care of the Heavy Lifting

Errors can happen at any point during the prescription process

Medication errors can happen at any point in the process, beginning with the prescription from a doctor to the ultimate distribution of a medication to the patient. There can be many people and computer systems involved in the process―doctors, nurses, nurse practitioners, pharmacists, pharmacy technicians, salespeople, and others―increasing the odds of a mistake.

Poor communication, job stress, lack of training, and ambiguities in labeling are some of the factors that can result in medication errors. Here are some common types of errors:

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    Unclear prescription, leading to the wrong drug being dispensed

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    Pharmacist incorrectly fills a prescription with a higher dose

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    Pharmacy technician incorrectly labels a pill bottle

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    Doctor prescribes a medication that has an adverse reaction to another medication prescribed to the patient

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    Pharmacist fails to warn a patient about side effects

$8.5 Million

Paralysis due to mismanagement of
degenerative spine

$2.5 Million

Catastrophic injuries in a head-on car accident


Wrongful death case involving negligent


Plaintiff Rear Ended by
Telephone Truck

$5 Million

Delay in diagnosis and treatment of cancer

$1.2 Million

Significant Head Injury Car Accident

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Pharmacy Error FAQs

  • What do I prepare for the first call or meeting with you?

    For your first meeting with us, simply tell us your story and explain in your own words what happened and how your life has been affected. If you’re meeting with us in person, you can bring notes about what happened to you, driver insurance information, names of any witnesses, photos of the accident damages or injuries, medical records, and other related paperwork if you have it and if it’s applicable, but that information isn’t necessary. Really all you need to do is be yourself, speak with us honestly, and be willing to tackle your problems with us.

    Initial conversations between potential clients and our staff members are often done over the phone. Rest assured that everything we discuss is confidential and protected under law.

  • How much will a lawyer cost me?

    The lawyers at Berman & Simmons work on a contingency basis. That means you pay nothing up front and nothing unless we settle or win your case. We will consult with you, evaluate your situation, and do initial research free of charge. This is true even if we decide you don’t have a valid claim. We will also cover all necessary case expenses and you will not be obligated to reimburse us until and unless we recover monies on your behalf. if we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team.

  • How will I know if I have a case?

    To pursue a case, we will need to prove that you suffered a substantial personal injury and the injury was directly caused by the negligence of another party. A bad result alone is not enough to establish negligence. We let you know upfront if we are able to move forward with the legal process, or if we don’t think you have a case. Generally, we will know if you have a case after our first phone call or meeting.

    If we believe you have a valid claim and decide to move forward with litigation, our attorneys and staff will then take it from there and do everything else that needs to be done, including obtaining and reviewing records relevant to your case, such as accident reports and other law enforcement documents, employer records, medical records, and other information.

  • How long will it take to resolve my case?

    Every case is different, and there is no way to predict how long it will take for your case to be resolved. Some cases end in a matter of months, while the most complex and challenging cases, such as a medical malpractice case, can span several years. The vast majority of cases, however, are resolved before a trial and usually within a year.

    The goal is to make sure you receive fair compensation for your injuries, no matter how long it takes whether that comes in the form of a pre-trial settlement, or with a jury verdict in your favor.

  • How much is my case worth?

    There are many factors that need to be considered when determining the value of your case. Every case is unique and it takes a team effort — including your attorney, staff researchers, and outside experts — to determine the extent of your damages and how much your case is worth. There are two types of damages for which you could receive
    compensation: Economic and non-economic.

    If your case goes to trial and a jury agrees you deserve compensation, the jury members will decide how much the money you should receive for each category of damages.

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