Garfield Medical Malpractice Lawyer Bergen County, New Jersey
If you were hurt in Hackensack, James Vasquez fights to get you every dollar you are owed. He has represented Bergen County's injured since 2004, and he knows this county seat's I-80, Route 4 and Route 17 corridors, its historic Hackensack River bridges, and the streets around Main Street and Hackensack University Medical Center.
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The pharmacy has duties of its own
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When medication causes harm, attention goes to the prescriber. The last professional to handle it before you did was a pharmacist, and New Jersey sets out specifically what they were required to do.
Before dispensing a new medication, a pharmacist must make reasonable efforts to counsel the patient or their caregiver. The regulation describes what that covers, including the name and description of the drug, the dosage and duration, proper administration and storage, and common adverse or severe side effects, interactions and contraindications, together with how to avoid them and what to do if they occur. The offer to counsel may be made by pharmacy staff, but the counselling itself must be given by a pharmacist. Where the patient is not physically present, the offer must be made by telephone or in writing on a separate document accompanying the prescription. The provision that matters most in a claim is recent. A pharmacist must document at the time of dispensing whether counselling was provided or refused. That creates a record, which converts a question that used to come down to competing recollections into something checkable. Separately, the pharmacist in charge has an express duty to ensure the pharmacy is staffed by sufficient competent personnel for its size and complexity, and that policies on accurate dispensing and labelling exist and are followed. James Vasquez has handled New Jersey injury claims since 2004.
Medical negligence claims we handle
Medication harm can involve the prescriber, the pharmacy, or both.
The points in the chain where medication goes wrong
Each stage generates a record, which is why these claims are more provable than most.
Entry and processing
Where a prescription is entered into a pharmacy system, and where a misread or a mistyped strength enters the chain.
What the record shows: the pharmacy's own dispensing record, which captures what was entered and by whom.
Dispensing and labelling
The physical product, its strength, and the directions printed on the label, which is what a patient actually follows.
What the record shows: the label and the container. Keep both, because they are the most direct evidence of what was supplied.
Staffing and supervision
Whether the pharmacy had sufficient competent personnel for its volume and complexity when your prescription was filled.
What the record shows: a pattern rather than an incident. The pharmacist in charge has an express duty on staffing and on dispensing policies.
Prescribing
Drug, strength, quantity and directions, together with whatever the prescriber knew about your existing medications and allergies.
What the record shows: the prescription itself, which is the benchmark everything downstream is measured against.
Interaction checking
Systems that flag conflicts with other medications on your profile, and the professional judgment applied to any alert.
What the record shows: whether an alert was generated and what was done about it. Overridden alerts are recorded.
Counselling
Reasonable efforts to counsel before dispensing a new medication, performed by a pharmacist rather than by other staff.
What the record shows: whether counselling was provided or refused, which pharmacists are required to document at the time of dispensing.
In every one of these the pharmacy holds the record. Requesting your complete dispensing history early is the practical first step.
Four requirements worth knowing
Confirm current provisions, because the counselling rule has been amended.
Counsel on new medications
Before dispensing a new medication, a pharmacist must make reasonable efforts to counsel the patient or caregiver, covering the drug, dosage, administration and adverse effects.
A pharmacist must do it
The offer may be made by pharmacy personnel, but the counselling itself must be performed by a pharmacist, or an intern or extern under immediate personal supervision.
Absent patients are still owed the offer
Where the patient is not physically present, the offer to counsel must be made by telephone or in writing on a separate document accompanying the prescription.
It has to be documented
A pharmacist must record at the time of dispensing whether counselling was provided or refused, which creates a checkable record rather than a recollection.
Keep the container, the label and any printed information you were given. They are the most direct evidence of what was actually supplied to you. For how negligence claims work statewide, see the medical malpractice practice area page.
Two claims a pharmacy record can support
One about the transaction, one about how the pharmacy was being run.
The dispensing itself
Whether the drug, strength and directions matched the prescription, whether an interaction alert was generated and how it was handled, and whether the required counselling occurred. All of that sits in the pharmacy's own system, and the counselling documentation requirement means there is now a contemporaneous entry rather than an argument about what was said at a counter months earlier.
Whether the pharmacy was properly run
The pharmacist in charge is required to ensure the pharmacy is staffed by sufficient competent personnel in keeping with its size, scope and complexity, that accurate records are kept, and that policies on accurate dispensing and labelling exist and are followed. Where an error occurred against a background of chronic understaffing or ignored procedures, that is a claim about the business rather than about one person having a bad afternoon.
Three rules about medication claims
Two regulatory, one procedural. Confirm current provisions before relying on them.
Counselling on new medications
Before dispensing a new medication a pharmacist must make reasonable efforts to counsel the patient or caregiver, covering matters including the drug, dosage and duration, administration and storage, and common adverse effects, interactions and contraindications. Counselling must be performed by a pharmacist, and whether it was provided or refused must be documented at the time of dispensing.
The pharmacist in charge and staffing
Every pharmacy must have a pharmacist in charge who is present sufficiently to ensure the pharmacy is staffed by sufficient competent personnel for its size, scope and complexity, that accurate records of medication received and dispensed are maintained, and that policies on accurate dispensing and labelling are in place and followed.
The affidavit of merit applies
A claim of professional negligence against a licensed practitioner or facility requires an affidavit from an appropriately credentialed professional within 60 days of the defence answer, with one possible extension. Whether that reaches a particular pharmacy claim should be assessed at the outset rather than assumed either way.
The two year deadline, the discovery rule and how claims against public or federally funded providers differ are covered on the medical malpractice practice area page and the Garfield personal injury page.
What to keep and request
Physical evidence first, records second.
Keep the container and label
Do not return them to the pharmacy. They are the most direct evidence of what was supplied, at what strength, with what directions.
Keep any remaining medication
Where the wrong drug was dispensed, the tablets themselves establish it. Store them safely and do not dispose of them.
Request your dispensing history in writing
The pharmacy holds a complete record of what was entered, dispensed, flagged and counselled. Ask for all of it rather than a summary.
Get the original prescription
From the prescriber. It is the benchmark against which everything the pharmacy did is measured.
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James Vasquez
Before James Vasquez ever represented an injured person, he sat on the other side of the table. As a former prosecutor and insurance-defense attorney, he spent years learning exactly how these cases are won and lost.
Now he uses it for you. When adjusters and opposing counsel face James, they're facing someone who has read their playbook, argued in their courtrooms, and knows precisely where their arguments break.
Based in Clifton and serving Passaic, Morris, and Essex Counties, his firm gives every client James's personal attention, backed by a team that knows your file cold.
Answers, before you even call.
Anything else you’d like to know? Get in touch with our sales team and we’d be happy to discuss your questions.
Hear Our Clients’ Stories
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
Kraig Moultrie
Hear Our Clients’ Stories
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Martina Contreras
What it's actually like to work with us
We'll skip the sales pitch. This is what it's actually like to have James in your corner; straight from the people who've been there.
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
"Staff is very Friendly. They keep you informed on a regular basis. The Attorneys are the best. Would recommend this Law firm to anyone."
"James Vasquez is one of the best Lawyers. He knows what he's doing at all times, very Professional along with his staffs that entire office has very good attitude. He keeps you updated and gives good advise he did very good with my case and I highly recommend him. He deserves more than five stars!"
"James Vasquez and his team took care of my case like if it was their own. I was able to take care of my car accident case, and even during this pandemic. I never felt pressured, and they were definitely patient with my case."
"Throughout this process, James and I kept in touch via email, and he offered his guidance every step of the way."
"I would highly recommend anyone to hire him!"
"Mr. Vasquez was able to recover a good settlement for me and he recommended me to great medical professionals to help with my back and neck injuries."
James Vasquez was the first name everyone recommended. People told me he would make sure I was taken care of, and they were right. The team was friendly, professional, down to earth, and experienced. They handled everything, and all I had to do was listen, follow their guidance, and focus on my recovery. One of the best parts of the experience was working with the paralegal, John Velazquez. Whenever I had questions, he would stop what he was doing, sit down with me, and explain everything in detail. I never felt rushed, and I always felt that my concerns were fully answered. He helped me understand every step of the legal process, and I truly felt like I had a friend inside the firm."
After the accident at work, my health and my ability to work changed dramatically. I faced many challenges because I could no longer do the same things I used to do. Before receiving help, I was afraid because my health wasn't improving, and I didn't know what to do. The insurance company made things difficult, asking me questions I didn't know how to answer, and I felt lost and overwhelmed. Then I found this team, and from the very first conversation they gave me confidence and explained everything clearly. They guided me through the entire treatment process, helped me access the medical care I needed, and supported me every step of the way."
Two separate routes, and both are open to you.
Holds your complete dispensing history including what was entered, any interaction alerts generated, and the counselling documentation required at the time of dispensing.
Licenses pharmacies and pharmacists and receives complaints about dispensing practice, separately from any civil claim.
Holds the original prescription and the clinical record explaining why the medication was ordered, which establishes what should have been supplied.
Hurt in New Jersey? Let's Talk.
James Vasquez gives injured people across New Jersey a free, no obligation case review. Tell us what happened and we'll walk you through your options and what your claim may be worth.
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