Law

Recently, I was reading in an online article about the Walgreens Pharmacy Lawsuit against another pharmacy. In this case, one of the pharmacists had instructed a female customer to spit out a toothache medicine bottle following its use. The pharmacist also instructed her to swallow the medicine in the back of her mouth. The customer, apparently, ignored these instructions and swallowed the bottle without chewing. Following the incident, the pharmacist called her supervisor, who subsequently confronted the customer and fired her. This is the type of lawsuit that can cost Walgreens a lot of money because it may be found liable for negligence leading to this particular incident.

What’s behind all of this? Recently, the American Association of Retired Persons (AARP) sent a letter to the U.S. Justice Department urging it to investigate a case in which pharmacists are accused of negligence leading to a woman losing a tooth. According to the letter, this particular pharmacist, while dispensing the medication as directed, should have “placed a label with appropriate warnings about spitting out medicine.” In other words, the pharmacist should have warned the patient that she would be required to spit out the medicine bottle in the event that she did not take her medication. The pharmacist did not instruct her to swallow the medicine, but simply should have placed a sign on the counter that said, “spitting out medicine bottles is strictly prohibited.” Clearly, this case is a case of the proper precautions being disregarded leading to a tragic event.

Is this a case worth pursuing? It will certainly be interesting to see how this whole lawsuit plays out. Personally, I am not very sympathetic to this particular lawsuit, because it seems like a stretch to suggest that pharmacists could be found liable for the actions of their employees. Nevertheless, if there was negligence on the part of a Walgreens pharmacist regarding this particular incident, then the lawsuit should certainly be brought forward.

What about the pharmacist’s liability insurance? Will this coverage be enough to cover any damages arising from this lawsuit? Unfortunately, no one can predict how a lawsuit will play out in a court of law. There are too many factors involved, and a lawsuit can drag on for a long time without a resolution. So, when filing a lawsuit against a Walgreens pharmacist, you will need to make sure that you have adequate coverage to handle your case.

Whichever party is ultimately found responsible for this accident, it is obviously important to get a strong settlement. In fact, if the legal costs associated with this case are less than $200, then you might want to consider going after the individual liable for this case all on your own. If you are unable to afford a large lawsuit, then consider hiring an attorney to represent you in your absence. An attorney can often obtain much more settlements for their clients than you can, so do not feel that you are taking a risk by attempting to pursue this case on your own.

Ultimately, what you must do is focus on protecting your rights as well as your finances. A lawyer will have access to more resources, so it may be worth your while to hire one to represent you in your lawsuit. After all, you will need representation when negotiating with Walgreens Pharmaceuticals. It will be important to establish negligence, especially if they had prior knowledge that their pharmacists were illegally providing prescriptions.

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