In the tragic event of a death due to a Maryland pharmacy error, the victim’s family may be able to file a wrongful death claim against the person or entity responsible for the error. Maryland wrongful death claims are intended to compensate family members for their own loses due to their loved one’s untimely death. Maryland’s Wrongful Death Act (the “Act”) allows some family members to file suit against the party at fault. Normally, it must be filed by a spouse, parent, or child of the decedent, but may be filed by another dependent in some cases. The Act was enacted in order to compensate family members, as opposed to the decedent’s losses, which could be recovered by the decedent’s estate.
Under the Act, a claim can be brought for a wrongful act, neglect, or default that would have allowed the decedent to file a claim for damages if the decedent were still alive. A wrongful death claim can only be filed once and must be filed within three years of the decedent’s death. There are some exceptions, including in the case of an occupational disease.
The plaintiffs in a wrongful death claim may be able to recover compensation for emotional pain and suffering, loss of companionship, mental anguish, parental care, marital care, filial care, advice, and guidance.
Pharmacy Sued for Death due to Pharmacy Error
The family of a 75-year-old woman filed a claim against a pharmacy in Utah for allegedly administering the wrong medication, according to a news report. The woman had been living at an assisted living center for a few weeks and had medical issues related to her kidneys. Her health declined suddenly, and a doctor evaluated her, determining that she needed to be transferred to an emergency room immediately. The doctors at the emergency room found that she had been prescribed metolazone, a diuretic, but had also been given methotrexate, a chemotherapy drug.
Evidently, the pharmacy sent the wrong medication to the assisted living center, and the center failed to catch the error. The woman had allegedly been taking the wrong medication for a week before the error was discovered. According to the lawsuit, the woman suffered excruciating pain as a result of the error. She was also unable to communicate with her family until her untimely death. The woman’s family explained that it wanted to prevent the same type of tragedy from happening to anyone else.
Have You Suffered from a Prescription Error?
If you or someone you love has suffered from a prescription error, you may be entitled to compensation. The Maryland pharmacy error attorneys at the law firm of Lebowitz & Mzhen can evaluate your claim and help you determine how to pursue a claim against those responsible for the error. Our attorneys represent victims in the Baltimore region, as well as across Maryland, Virginia, and Washington, D.C. Our dedicated team of attorneys has almost two decades of experience litigating pharmacy error cases and works closely with medical experts to evaluate and develop your case. Call us at 1-800-654-1949 or contact us online to set up a free consultation.