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Standard For Malpractice Suits Against Pharmacist's

Generally a pharmacist cannot be held liable to someone injured by a prescribed drug unless he or she failed to fill a prescription exactly as prescribed by a physician. An exception to this general rule is when the prescription is so clearly contraindicated that "ordinary prudence" imposes a duty on the pharmacist to verify facts with the physician, patient history on record with the pharmacy and/or the patient/customer. An example of this is when a pharmacist was aware that a prescribed drug was contraindicated given the known medical history of a particular customer. Burton v Sciano, 110 A.D.3d 1435  A pharmacist may have far greater knowledge of a patient's current medication regimen (to determine adverse drug interaction) than the emergency room physician who prescribed the contraindicated medication having a single encounter with the patient.
In the case of a pharmacist, nurse or auto mechanic, one who undertakes to render specialized services is: "held to the level of skill and care used by others in the community who practice the same profession or trade." The public policy rationale behind this concept recognizes that the duty of care required is proportionate to the degree of danger or risk involved. On the one hand we don't allow or expect pharmacists to practice medicine, but on the other hand we do expect them to catch some but not all of the errors committed by physician's. "A pharmacist's education and expertise will require that he or she do more to help protect their patrons from risks which pharmacists can reasonably foresee." Abrams v Bute, 138 A.D.3d 179

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!

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