Tips for Dealing with an Online Pharmacy

Medical malpractice occurs when a medical professional and/or a healthcare organization does not meet the standard duty of care that is required of them when managing, diagnosing, and/or treating a patient. Their failure then results in an injury to that patient, and is generally considered to be an act of medical negligence.

Medical malpractice law allows an injured patient to bring a claim against a negligent medical professional or healthcare organization. Additionally, medical malpractice law allows injured patients to recover monetary damages for the harms that were caused by their substandard conduct.

Whether a medical professional or organization can be held liable for a patient’s injuries depends on the facts of a specific case, as well as the various rules and requirements of medical malpractice laws that vary from state to state. Additionally, there may be instances in which the standards and regulations for medical malpractice varies between different jurisdictions within the same state.

Some of the most common examples of medical malpractice claims include:

• Improperly diagnosing or failing to diagnose;
• Prescribing the wrong medical treatment or wrong medication;
• Operating on the incorrect body part;
• Failing to provide adequate after care when a patient has a considerably serious procedure or operation;
• Prematurely discharging a patient before they have sufficiently recovered;
• Leaving behind medical equipment during a surgery, such as leaving surgical sponges inside the patient’s body;
• Failing to provide information regarding the surgery before the patient underwent the surgery;
• Failing to receive informed consent before a patient underwent surgery; and/or
• Inputting incorrect data into a patient’s medical chart, resulting in harm to the patient.

Medical malpractice liability refers to who should be held legally responsible for a patient’s injuries. Generally speaking, this party breached their duty of care to the patient and was the actual cause of the patient’s injuries. However, determining exact liability can be challenging, due to the fact that medical malpractice liability frequently involves more than one party.

An example of this would be how it is possible to split medical malpractice liability between both a doctor and their nurse when their combined negligent conduct resulted in a patient being injured. If improper instructions were provided, or if one medical professional failed to correct the mistakes of the other, there is a chance that both parties can be held liable for those mistakes.

Additionally, the organization itself can sometimes be held liable for medical malpractice. An example of this would be a hospital organization, especially in cases in which a medical organization’s overall policy or quality of care for its patients falls below the necessary duty of care standard.

Some other examples of parties who can be held liable for medical malpractice include:

• General practitioners;
• Nurses;
• Hospitals;
• Surgeons;
• Dentists;
• Psychiatrists;
• Chiropractors;
• Gynecologists; and
• Clerical staff.

It is helpful to discuss medical malpractice in general before discussing online pharmacies, as the two can often be associated with one another.

Are Online Pharmacies Legal?

Online pharmacies, or internet pharmacies, generally act as a point of contact from the doctor to patient. These pharmacies differentiate themselves from traditional pharmacies by offering prescription drugs at a reduced price, especially when compared to hospital pharmacies. Online pharmacies are generally considered to be legal, as long as they adhere to the various government regulations that are associated with consumer health and safety.

However, there are online pharmacies that engage in fraudulent and/or illegal practices. An example of this would be overseas companies or sham companies that are set up solely for the purpose of deceiving consumers. Two common theories associated with online pharmacies that prescription drug lawyers generally use are defective products, and failure to warn.

A defective product claim asserts that the manufacturer did not release a safe product to the market, and that the product harmed the public in some way. A defective product has either a design flaw, meaning every batch of the drugs made is defective, or a manufacturing flaw meaning that only one batch is defective.

A failure to warn claim states that the manufacturer knew of the dangers of the drug, and sold the drug as is and/or did not warn anyone regarding the dangers associated with the use of the prescription drug outside of general side effects. Manufacturers are required to conduct years of research on a drug before the FDA approves of the sale of the drug. During this research period, the manufacturer tests whether the drug is generally considered to be safe; depending on how dangerous the drug could be, the manufacturer may not be allowed to sell it.

However, if the drug only has some relatively low-risk side effects, the manufacturer may sell the drug as long as they provide their consumers with adequate warnings regarding the side effects and risks that the consumers are taking.

Some medical professionals, such as pharmacists, doctors, and other professionals, can be held liable for malpractice in association with a prescription. An example of this would be if a doctor prescribes the wrong dose of a certain drug; or, if they knowingly prescribe a drug that has already been subject to a drug recall.

What Should I Know About Working With An Online Pharmacy?

Injuries resulting from using medicine from an online pharmacy generally occur because the pharmacy chose to sacrifice the quality and safety of a drug, generally in an effort to save and/or make more money. As such, it is advised that consumers avoid choosing a questionable company or drug, simply because they offer medications at a reduced price. Ensure that you are working with a reputable and legitimate online pharmacy.

Some other general tips for working with an online pharmacy include, but may not be limited to:

• Consult with your own personal physician prior to ordering from an online pharmacy, as your physician may have some recommendations of their own;
• Only use the services of an online pharmacy that is both licensed and adheres to the professional and ethical standards of the medical industry;
• When ordering your medicines online, confirm both the street address and phone number of the pharmacy, as doing so can help ensure that the organization is not a front or a cover organization;
• When possible, record the names of the different company employees or representatives who were involved in the transaction;
• When you receive your medicine, check that they are not expired;
• If there is no expiration date on the medication, do not use the product;
• Verify if the product has been subject to a drug recall;
• Be aware that an overseas online pharmacy company may be subject to international regulations of pharmaceuticals, such as seizure by customs officials at the border; and
• Be aware that an online pharmacy may sell fake or counterfeit meds.

If you have been injured by a product sold that was sold to you through an online pharmacy:

• Retain all receipts, as well as the unused portion of the medicine that you suspect injured you;
• Create and retain copies of any documents that could be related to the sale of the product, such an order form, shipping invoice, etc.;
• Obtain the contact information for all people that were involved in the transaction, including physicians, secretaries, sales reps, etc.;
• If you have already been to the hospital for your injuries, collect all of the documents for your expenses, such as hospital bills, medicine fees, surgery costs, etc.; and
• Consult with a qualified medical professional and/or a personal injury lawyer for advice regarding how to proceed.

Do I Need An Attorney For Issues With An Online Pharmacy?

If you feel you have been scammed or injured by an online pharmacy, you should consult with an experienced and local personal injury lawyer. An attorney can help you understand your legal rights and options according to the medical malpractice laws of your specific state. An attorney will also be able to represent you in court, as needed.