Jacksonville Pharmaceutical Negligence Attorneys

Seeking Justice for Victims of Pharmaceutical Malpractice

Human error is an inevitable part of life, and pharmaceutical companies are no exception. From dangerous drug recalls to medication errors, pharmaceutical negligence can result in severe and even fatal harm to patients. If you or a loved one suffered a pharmaceutical injury due to pharmaceutical negligence, our Jacksonville attorneys can offer sound counsel and personalized representation to help you pursue justice.

At Edwards & Ragatz, P.A., we understand how intimidating it can be to stand up to big pharma. That’s why our pharmaceutical negligence lawyers are committed to holding pharmacists and drug companies accountable for negligence. If you were harmed by pharmaceutical negligence, our board-certified attorneys can provide the experienced advocacy you need to restore your health, financial security, and peace of mind in Florida. 

If you or a loved one have been harmed by pharmaceutical negligence, our determined advocates can aggressively pursue justice. Contact us online to discuss your case.

What Is Pharmaceutical Negligence in Florida? 

Under Florida law, pharmaceutical negligence occurs when a pharmaceutical company, pharmacist, or other healthcare professional fails to meet the standard of care while fulfilling their duties, resulting in preventable patient harm. This failure can occur at various stages, such as drug manufacturing, prescription, dispensing, or administering. 

With over 150+ years of combined experience, our top-rated attorneys are well-equipped to handle a wide range of pharmaceutical injury claims. 

Common types of pharmaceutical negligence claims we handle include:

• Manufacturing defects: Manufacturing defects occur when drugs are improperly formulated or contaminated during production. Even when correctly prescribed and administered, these drugs can result in significant harm to patients due to inherent defects.
• Prescription errors: This occurs when healthcare professionals prescribe the incorrect medication, use the wrong dosage, or fail to consider harmful drug interactions. This can result in the patient receiving too much medication, the wrong medication, or suffering unnecessary harm due to drug reactions.
• Dispensing errors: Pharmacists who dispense the wrong medication or dosage can seriously harm patients. Common examples include errors in interpreting the physician's prescription or mistakes in preparing the medication.
• Failure to warn: This refers to the responsibility of healthcare professionals to inform patients about possible side effects and associated risks with a given drug or medication. Pharmaceutical negligence can occur when pharmacies fail to provide this essential information, leading to unexpected adverse reactions.

Who Is Liable for Pharmaceutical Errors? 

Depending on the unique circumstances, various parties may be liable for dangerous drugs. Common examples of liable parties include:

• The manufacturer: Pharmaceutical companies are responsible for manufacturing and marketing safe medications. When they fail to do so, they may be held accountable for resulting harm to patients.
• The prescribing physician: Physicians are responsible for ensuring that the prescription is appropriate for the patient's condition, taking into account relevant factors such as allergies or existing medical conditions.
• The pharmacist: Pharmacists are responsible for properly dispensing and labeling medications, as well as warning patients about potential side effects.
• The distributor or retailer: If a drug is contaminated or improperly stored, resulting in harm to the patient, the distributor or retailer may be held liable.

Proving liability for pharmaceutical errors can be complex and challenging. Securing experienced representation from a knowledgeable attorney is imperative to recovering compensation. Our pharmaceutical negligence lawyers have a proven track record of success in handling these types of cases, making us well-equipped to help you navigate the legal intricacies of your case and ensure you’re compensated fairly after a pharmaceutical injury. 

Proving Liability in Pharmaceutical Negligence Claims

To recover damages in a pharmaceutical injury lawsuit, plaintiffs must first establish liability on the part of negligent parties. Our firm has an in-depth understanding of Florida law to identify all liable parties, maximize the compensation available to you, and prove pharmaceutical negligence. 

Keep in mind that the injured party (“plaintiff”) bears the burden of proof in pharmaceutical injury cases. This means that you are responsible for establishing liability on the part of the offending pharmacist or pharmaceutical company (“defendant”). To recover compensation, you are responsible for demonstrating by a preponderance of the evidence (e.g., that it is “more likely than not”) that pharmaceutical negligence is the “proximate cause” of your injuries. 

Establishing liability in a pharmaceutical negligence lawsuit requires the demonstration of four key elements, including: 

1. Duty of Care: First, you must prove that the negligent pharmacist or pharmaceutical company owed you a duty of care, such as the responsibility to provide safe and effective medications, warn of potential side effects or drug interactions, and accurately label and dispense medications. 
2. Breach of Duty: Next, you must prove that the defendant breached their duty of care by acting negligently. For example, you may demonstrate evidence that the pharmacist provided the incorrect medication, failed to account for drug interactions or pre-existing conditions, or otherwise neglected their responsibilities.
3. Damages: Then, you must establish that you suffered compensatory financial or non-financial losses (“damages”) as a result of the pharmaceutical negligence. Common types of damages include medical expenses, lost wages, pain and suffering, and reduced quality of life.  
4. Causation: Finally, you must prove that the defendant's breach of duty was the direct cause or "proximate cause" of your injuries. In other words, it must be proven that the harm suffered directly resulted from the defendant's negligence.

Because pharmaceutical injury cases often involve multiple defendants and variables, proving liability and recovering damages can be immensely challenging. Seeking counsel from a trusted attorney is critical to seek compensation. Our firm is well-versed in pharmaceutical malpractice to help you establish a direct link between negligence and resulting harm, freeing you to focus on your physical and financial recovery. 

If you suffered a pharmaceutical injury, we can fight to hold liable parties responsible for damages. Call (904) 295-1050 to schedule a free consultation.