QUESTION
Pharmacy error in providing wrong directions of the prescribed medicine.
Asked on May 21st, 2012 on Medical Malpractice - New Jersey
More details to this question:
We had ordered prescription medicine from a local pharmacy. They filled it and the instructions were not correct. Doctor''s prescription was to take 1 capsule for 1 week at bedtime and then increase to 3 after 7 days. Instead pharmacy wrote take 1 at bedtime and then increase it to 3. They did not specify when to increase the dose after 7 days so we went ahead and increased the dose on 2nd day. Based on the dose increase we experienced drowsiness and depression. At this point i want to find what are our next steps to sue the pharmacy.
Pharmacy did come bak and acknowleeged that the prescriotion said after 7 days but it was written over the side and pharmacist missed it.
As per the pharmacy 3 caplets of 100 mg each is recommended dose and should not have affected anything. Our stand is there has to be a reson why doctor recommeded to increase dosage after 7 days.
3 ANSWERS
2 Awards
While the pharmacy is legally responsible for errors they committed if there is no permanent injury there will be no case worthwhile pursuing
Answered on Jun 21st, 2012 at 1:06 PM
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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Provided that there are no lasting health problems because of the mishap, you likely do not have a financially viable medical malpractice case. Obviously, you should talk to your physician and make sure that from this point forward, you are taking the prescription correctly.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case. This touches on the issue of financial viability.
Answered on May 22nd, 2012 at 2:10 PM
1 Award
Hi-Although legally you have what sounds like a valid claim against the pharmacy, absent a medically documented injury, your claim would not have significant value. If you are "OK", you could consider filing a complaint with the NJ Division of Consumer Affairs but a case against the pharmacy would not be worthwhile, in my opinion. Hope this helps, Jeff Rich
Answered on May 22nd, 2012 at 11:35 AM