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Pharmacy Errors Attorney  

Pharmancy Errors Attorney Las Cruces 


Recent statistics of pharmacy errors offer an ugly picture.  Pharmacies make 51 million

medication errors every year – according to a Pharmacy Times study – the results of which are often catastrophic.  There’s been a tremendous increase in fatal pharmacy errors over the past 20 years, said David Phillips, a University of California professor who has studied the growing problem.  Since more patients are seeking health care outside hospitals, outpatient pharmacists are under extra burden, putting them at greater risk for potentially deadly mistakes.  Researchers estimate that of the millions of medication mistakes made each year by pharmacists, 1.5 million people are injured and more than 200,000 people die as a result. 


If you or someone you love has been harmed due to a pharmacy error or prescription drug mistake, we can review your claim free of charge to determine eligibility for legal action. 








New Mexico is just one of dozens of states reporting an alarming rate of pharmacy errors, including prescription mistakes, dispensing the wrong medication, incorrect doses and mislabeling.  Legal recourse is available to pharmacist malpractice victims, who may be entitled to compensation for past and future medical expenses, lost income, loss of earnings, and other non-economic damages.


We know the life-changing consequences that a mixed-up prescription or wrong dosage can entail, and are committed to balancing the scales of justice.  When you consult an attorney, you can rest assured you’ll receive personal attention and the highest caliber of legal representation.







A study published by the Pharmacy Manpower Project revealed that the workload of our nation’s pharmacists has increased significantly over the years, and many of those practitioners believe that patients would suffer as a result. 


Dealing with high volumes of daily prescriptions, fatigue, frequent interruptions and similar drug names, it’s easy to see how a growing workload could contribute to a spike in medication errors and allegations of pharmacist malpractice. 


Some of the most common types of pharmacy errors reported include:


**Incorrect dosing/dosing errors

**Incorrect prescription dispensed

**Drug is mislabeled

**Wrong instructions are given

**Prescription has been compounded incorrectly

**Pharmacy dispenses incorrect medication with a similar name to that prescribed

**Pharmacist misread the doctor’s handwriting, and dispenses the wrong drug

**Pharmacist judgment errors:  improper or no counseling, failure to detect drug interactions, and inadequate drug use review.








Shocking reports involving medication errors continue to flood the media.  Just last year, a 92-year old woman was mistakenly given the wrong dosage of Oxycontin and ingested 30 times the normal amount.  What began as a routine treatment for a bacterial infection turned into a nightmare for her family, as she slipped into a coma and died several months later.  The victim’s family settled their claim with the pharmacist and physicians involved in her care, as well as parties failed to catch the fatal mistake.


Just over 86% of pharmacy mal practice lawsuits are filed based on “mechanical errors” such as dispensing the wrong medication, dosage form, directions, quantity, or strength of medicine.  With 1/3 of Americans on at least five different medications, and a growing number of baby boomers on meds, there is a startling increase for potential error.


The institute of Medicine warms that on average patients experience one medication errors a day.  The bulk of fatal errors occur in elderly patients, usually those over the age of 65.  Dosing errors with blood thinners and narcotics have been associated with a number of fatalities, deaths that could have been avoided had pharmacists carried out their duty of care.








The many errors by pharmacists has fueled litigation across the country, as pharmacies may be held liable for mistakes that cause injuries or death to their patients.  Pharmacists face claims filed by patients demanding monetary damage awards in addition to actions brought by regulatory agencies that can revoke their professional licensure. 


Damages sought in a pharmacist malpractice suit may include compensation for related medical bills, disability, pain and suffering, emotional trauma and lost wages.  In some instances, though rarely, additional punitive damages may be awarded to deter future similar conduct and punish the defendant for their misconduct. 


Regardless if they are employed in a public hospital, clinic or drug store, a pharmacist has a duty of care that is owed to the patient.  In the event that a mistake is made that causes patient injury, an attorney will need to demonstrate that this duty of care has been breached.


The harsh reality is that pharmacy errors happen every day, negatively affecting the lives of patients and their loved one. 



Tim Chelpaty Law Office

121 Wyatt Dr. Suite #2

Las Cruces, NM 88005


Office Hours:
Monday - Friday
9am to 5pm


Las Cruces

Silver City





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