If you were provided the wrong medicine by a pharmacist, that is the wrong prescription medicine for a prescription written by a treating physician, then you may want to negotiate a settlement with the pharmacy for a few thousands of dollars for your pain and suffering.
If you believe a doctor is responsible for giving you the wrong medicine, it will probably not be to your benefit to file a lawsuit. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. I regret not being able to offer more hopeful advice, but given the information you provide I do not believe the 3.5 weeks that you suffered will compel a jury to a substantial award. Another attorney may have a different opinion and I encourage you to seek a second opinion.
Please keep in mind when you begin negotiating with King Soopers, there is a two year statute of limitations - you must file your lawsuit within two years of receiving the wrong medicine or you lose your right to do so. Often defendants will try and drag settlement talks beyond the two years and then offer nothing because the threat of a lawsuit has vanished. this is very straight forward and should not take more than a few weeks.
Answered on Jul 21st, 2014 at 3:41 PM