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Pharmacy Malpractice

Trial Attorneys for Victims of Harmful Pharmacy Errors

Like doctors, pharmacists must behave competently when interacting in a professional setting with a patient. You are entitled to be given prescribed medications at the appropriate dosage with adequate warnings and instructions. Unfortunately, pharmacists do make errors. If you were harmed by pharmacy malpractice, you should consult the seasoned Syracuse medical malpractice lawyers of DeFrancisco and Falgiatano. We represent patients injured across upstate New York.

Pharmacy Malpractice

Small mistakes by pharmacists in Syracuse can result in catastrophic injuries or even death. If your pharmacist was distracted and swapped medications or grabbed the wrong bottle or placed an incorrect label, these mistakes may be actionable as malpractice. Our firm must be able to show that the harm you suffered occurred as a result of the malpractice. For instance, if your pharmacist filled your prescription with the wrong drug, you could become sick due to an allergic reaction or side effects. If a pharmacist fails to provide an accurate warning label, the patient could be harmed by the very medication that was meant to address her illness.

Your pharmacist should provide you with competent professional care to address your circumstances and background. You may be able to bring a medical malpractice lawsuit if your pharmacist’s error harms you. A wrongful death lawsuit may be appropriate if a pharmacist’s professionally negligent error in Syracuse kills a loved one.


In New York, medical malpractice law applies to pharmacists. In order to hold a pharmacist accountable, you must have a professional relationship with him or her. As a patient, you are owed a professional standard of care. Not every mistake made by a pharmacist counts as medical malpractice, however, and it's important to talk to an attorney who handles these types of claims about your specific situation. Our lawyers can demonstrate liability if we can show that your pharmacist’s error fell below the professional standard of care and you were injured or made sick by it.

Under the locality rule, your pharmacist will be expected to abide by the accepted medical practices of other pharmacists in Syracuse. For instance, if you received the wrong dosage of pain relief medication from your Syracuse pharmacist, when a reasonably competent and as a result, you fell unconscious and needed emergency medical care, you may be able to establish the pharmacist’s liability.

Similarly, if you should have been provided with adequate warnings in connection with a proton pump inhibitor or diabetes medication, but you were not, you may be able to hold accountable the pharmacist who failed to provide you with a warning. Failure to provide this warning could result in you developing cancer that is not caught in time to avoid its progression.

Proving Damages

If we can show your pharmacist’s liability, we may be able to recover compensatory damages. These are damages that are meant to return you to the position you would have been in had there not been pharmacy malpractice.

Product Liability

It is important to work with attorneys who understand they need to fully investigate the contributing causes of the harm done to you. There may be situations, for example, in which a pharmacist error combines with a drug manufacturer’s failure to adequately test, formulate, or market a pharmaceutical to avoid harm from defects. In those cases, it may be appropriate to bring a drug manufacturer into a lawsuit for the defective product.

Hire Our Firm for Your Pharmacy Malpractice Lawsuit

While pharmaceuticals can make a huge positive difference on patients’ lives, when an error is made in connection with them, the corresponding harm can be severe. A pharmacist’s moment of carelessness could result in illness or even death. If you were harmed by pharmacy malpractice in Upstate New York, you should call DeFrancisco & Falgiatano. Our seasoned Syracuse medical malpractice lawyers sue negligent pharmacies and pharmacists in Rochester, Auburn, Watertown, Oswego, Lowville, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Herkimer, Binghamton, and Elmira. Insurers and businesses know we are not afraid to take your case to trial if you are not offered a fair settlement. Fill out our online form or call us at 833-200-2000.

Client Reviews
"We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor." D.M., Auburn, NY
"I suffered a serious injury as a result of medical malpractice. My husband and I retained Jeff DeFrancisco to assist us in this case. We were extremely happy with his representation and highly recommend him." Kelley R., Syracuse, NY
Since the insurance company was unwilling to settle the matter my case ultimately went to trial. At trial Jeff DeFrancisco did an absolutely amazing job by obtaining a very favorable result for me." T.H., Oneida, NY
"I highly recommend DeFrancisco & Falgiatano - Charlie represented me for a medical malpractice case. He is the best of the best. He is friendly and I am very happy with the representation he provided." Roger N., Oneida, NY