Can You Sue A Pharmacy For An Opioid Overdose In Pennsylvania?

The opioid crisis is raging in Pennsylvania, even if it is currently being overshadowed by the Covid-19 pandemic. This crisis has been responsible for countless overdoses in the Keystone State over the years, and it should come as no surprise that plaintiffs are beginning to consider legal action against the pharmacies that have been prescribing these drugs in the first place. But can you really sue a pharmacy for prescribing opioids that subsequently lead to an overdose?

If your loved one has passed away due to an opioid overdose in Pennsylvania, you might want to get in touch with a qualified, experienced attorney. These legal experts can help you file a medical malpractice claim against the pharmacy that prescribed the opioids. If negligence was a factor in this incident, you can hold these irresponsible pharmacists accountable and recover damages. Nothing can ever bring someone back from an overdose, but legal action allows you to get closure and ensure that guilty parties are held accountable.

Family of Overdose Victim Fights for the Right to Sue Pennsylvania Pharmacy 

In May of 2021, it was reported that a fierce legal battle was underway in Pennsylvania. A family of an overdose victim was pushing to have the right to sue a pharmacy in the Keystone state, and their attorney was arguing their case in the Supreme Court. This attorney argued that a pharmacy should be viewed in the same way as any other store or retail establishment in Pennsylvania, and there is no way they should be given legal immunity from lawsuits. The attorney also stated that if lawsuits can’t be filed against pharmacies, then lawsuits should also be banned for similar establishments, such as dram shops.

This highlights the inconsistency surrounding this particular issue, and the fact that pharmacies occupy a “grey area” in terms of liability law. While it’s unclear whether or not pharmacies can actually be sued in the Keystone state, one thing is clear: Families are definitely fighting for the right to hold these institutions liable.

The Opinion of Legal Experts is Shifting 

Previously, physicians enjoyed virtual immunity from lawsuits, even if they had clearly prescribed opioids to overdose victims in a negligent manner. Today, courts have completely shifted their opinions on the matter, and now doctors are likely to experience significant legal consequences if they were at fault for these incidents. Now, legal experts believe that pharmacies could also face the same kind of liability for these overdoses in the future.

Enlist the Help of a Qualified Attorney Today 

If you need help, contact the Scranton personal injury attorneys at the Needle Law Firm. We have considerable experience with a range of personal injury cases, including those involving medical malpractice. While pharmacies continue to enjoy a considerable degree of legal immunity from lawsuits, things are changing fast. With the help of a skilled attorney, you can hold negligent parties accountable. Book your consultation today, and we can develop an action plan together.

Source:

law.com/thelegalintelligencer/2021/05/19/an-epidemic-unfolding-family-of-fatal-opioid-overdose-victim-presses-pa-supreme-court-for-right-to-sue-pharmacy/