QUESTION
Do I have a mal practice case against the pharmacy?
Asked on Jul 21st, 2013 on Personal Injury - Ohio
More details to this question:
I am on a specific medication for an illness that up until a few years ago had no cure. I started treatment a month ago and on my second round of medication the pharmacy screwed up and didn’t see in there system that I paid my co pay (even though I did) so they decided to not send my life saving meds. Now my doctor has to stop treatment because if you don’t take this medication for more than a few days the virus builds a immunity to it. So because of the pharmacies mistake I might have to wait for a new kind of medication to be developed.
8 ANSWERS
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like you do. what do the experts say about damage or hurt to you. (your opinion sand your emotion do not count in the valuation of such things).
Answered on Jul 24th, 2013 at 7:35 AM
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What a huge mistake! I cannot imagine what it must feel like after all of these years to have a cure at hand, and then possibly taken a way from you due to negligence, especially by a trusted professional. Unfortunately, at this point, it may be premature to render an opinion that you have a case. The reason why I hesitate is that you indicated that you "might' have to wait for a new kind of medication to be developed". I am also unclear from your submission whether your doctor had to permanently stop the medication, or just until there is a determination that an immunity has been built up. Regardless, you should contact an injury victim's lawyer immediately for a consultation. Most of us provide free initial consultations and take on cases like these on a no recovery no fee basis. Please do not hesitate as all cases have time limits. Regardless of a lawsuit, I hope that things work out for you.
Answered on Jul 23rd, 2013 at 8:41 AM
James Eugene Hasser
You very well may have a case. Consider speaking with a medical malpractice lawyer.
Answered on Jul 23rd, 2013 at 1:07 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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I'd call it negligence, not malpractice, but it sounds to me that you have a serious case. See an experienced personal injury lawyer in your area. In fact, you might want to interview several and decide who you like best.
Answered on Jul 23rd, 2013 at 1:00 AM
Regulatory Attorney serving Spokane, WA
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Deissner Law Office, P.C.
Extremely unusual situation. I can see that you might in fact have a case.
Answered on Jul 23rd, 2013 at 12:57 AM
Thomas Edward Gates
Yes, you can sue. Retain a personal injury attorney to assist you. You had an obligation to have checked why you did not get your medicine on time. If you had, there might not have been an issue. Expect them to argue contributory negligence.
Answered on Jul 23rd, 2013 at 12:51 AM
Motor Vehicle Accidents Attorney serving Van Nuys, CA
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Law Offices of Andrew C. Sigal
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You would need to speak with an attorney who specializes in pharmaceutical negligence.
Answered on Jul 22nd, 2013 at 10:59 PM
Business & Commercial Litigation and Negotiation Attorney serving Columbus, OH
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Robol Law Office LPA
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You may have a claim against the pharmacy for its negligence. You will need testimony from an expert familiar with the standard of care in your area; the pharmacy's failure to meet the standard of care; and the resulting injury.
Answered on Jul 22nd, 2013 at 8:36 PM