QUESTION

Wrong medicine

Asked on Aug 05th, 2013 on Medical Malpractice - New York
More details to this question:
I recieve a call from walgreen stating my mother medince was ready for pickup . Walgreen gave me the wrong medicine for my mother. I  call Walgreen and inform them that they gave me the wrong medicine . Upon getting the medicine on the bag the label stated my mother name but the medicine had someone else name and address do I have a case 
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1 ANSWER

Unless your mother took the medicine thinking it was hers and was then injured or damaged by the medicine, then you likely do not have a case.   In order to have a medical malpractice case, you must have actual damages and a "could have" situation will not suffice.  This is because most state laws make it very difficult to sue a doctor, pharmacist or other health care provider and damages must be very high in order to justify pursuing litigation.   However, you might have grounds for a HIPPA violation/complaint.  I recommend you review the website with instructions on why and how to file a complaint:    http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney-client relationship exists or is formed by this response. 
Answered on Aug 06th, 2013 at 9:56 AM

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