Go to navigation Go to content

What Is the Statute of Limitations for a Negligence Claim Against a Massachusetts Pharmacist?

David W. Hodges
Connect with me
  • Google+

There are approximately 1.3 million people harmed annually by medication errors. A medication error is really a result of medication malpractice, which can be caused by a negligent pharmacist, doctor, nurse, or other medical professional. This can include the wrong medication prescribed, the incorrect dose prescribed, wrong instructions provided, failure to check for drug interactions or failure to combine medication properly. 

The National Coordinating Council for Medication Error Reporting and Prevention defines a medication error as “[a]ny preventable event that may cause or lead to inappropriate medication use or patient harm while the medication is in the control of the health care professional, patient, or consumer.” 

When injury or death occurs as a result of a pharmacy medication mistake, there are state statutes of limitations for prescription errors that cause injury or death. In light of the recent Massachusetts compounding pharmacy incident, we want to focus on the state statutes for Massachusetts pharmacy errors. 

Statute of Limitations  

In Massachusetts, the statute of limitations for any pharmacy or medical malpractice that causes injury or death must be brought within three years from the date of the malpractice. However, the particulars of your situation may result in a longer or shorter period of time during which you may be able to file a medical malpractice lawsuit.

Because lawsuits do take a lot of time to investigate, gather evidence, get experts to testify, and go to trial, those victims injured as a result of the New England Compounding Pharmacy, or any other Massachusetts pharmacy, should retain a pharmacy error lawyer immediately after suffering malpractice. There are also exceptions known as the discovery rule, which starts the three-year clock once victims become aware of their injury or the malpractice. 

In order to learn about your state pharmacy laws and to see if you can file a negligence or malpractice lawsuit for injuries you suffered, call Kennedy Hodges, L.L.P. at 888-526-7616. A knowledgeable pharmacy malpractice attorney will provide you with a complimentary consultation to discuss your potential case. We would also like to give you a FREE copy of our report, How to Make Pharmacies Pay for Injuries Caused by Medication Errors.