QUESTION
Do I need an attorney if I was given the wrong prescription medication?
Asked on Aug 17th, 2011 on Personal Injury - New York
More details to this question:
I was given another persons medication and took two of the pills. No medical attention needed. Do I need a lawyer? I have pics of bottle and pills. I picked medication up at noon they called me at 7:30 at night. I took two of the pills but did not need medical attention and they just made me sleep and it felt really weird. The next day I did not take my pain medication until sunday due to being very afraid of medication because I am allergic to sulfa. They have sent me paper work to fill out but have not returned it yet. Should I talk to a lawyer before returning paper work? Also they gave me right paper work and wrong bottle of medication.
18 ANSWERS
Alternate Dispute Resolution Attorney serving Edmond, OK
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Woska Law Firm, PLLC
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Contact an attorney before you sign anything or agree to anything with the pharmacy. The filling and provision of the wrong prescription to a customer is a very serious matter and thank goodness, you did not have an adverse reaction to the medication.
Answered on Aug 23rd, 2011 at 11:38 AM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue the pharmacy, but it sounds like your damages are really minimal. I had a case just like this a year ago and the client got really sick and had to be rushed by ambulance to the hospital and had an overnight stay there. Thus, he had tangible evidence of damages. You might consider making a written request for compensation for the events you went through due to the pharmacys negligence. Of course you can have an attorney look over the papers they gave you. But this is not a case an attorney would likely take on contingency because the damages are minimal. p and it felt really weird. The next day I did not take my pain medication until sunday due to being very afraid of medication because I am allergic to sulfa. They have sent me paper work to fill out but have not returned it yet. Should I talk to a lawyer before returning paper work? Also they gave me right paper work and wrong bottle of medication.
Answered on Aug 22nd, 2011 at 7:00 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If you suffered no significant harm, I do not think you need an attorney.
Answered on Aug 21st, 2011 at 11:35 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you didnt suffer damages, then a lawyer is unnecessary.
Answered on Aug 20th, 2011 at 1:48 PM
Workers Compensation Attorney serving West Palm Beach, FL
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If there is no permanent injury then there is no case.
Answered on Aug 20th, 2011 at 1:14 PM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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If you are basically okay then it's probably not worth pursuing with a lawyer.
Answered on Aug 19th, 2011 at 3:44 PM
Truck Accidents Attorney serving Indianapolis, IN
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Craig, Kelley and Faultless LLC
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You do not necessarily need an attorney since you were not injured by the pharmacy's mistake. However you should put something in writing to the store so that there is a record of its mistake. Hopefully the pharmacy will attempt to avoid a similar mistake in the future. However if they don't and someone is injured or killed it would be helpful to that person or the family to see that there were claims made in the past. If you would prefer to use a lawyer, you would probably be able to find one who would help even though the claim will be small.
Answered on Aug 19th, 2011 at 1:52 PM
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Even though you were not injured, you may want to consult with an attorney before completing their paperwork or returning the wrong drugs to them. That is a very serious error which could cause serious injury or death. A lawyer who handles these types of negligence claims may be able to get you to the correct authorities for a more thorough investigation to prevent it from happening again. You may also want to consult with your own doctor about whether the erroneous drug had any side effects or whether it could stay in your body longer and interact with other medications.
Answered on Aug 19th, 2011 at 1:51 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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There is no viable claim. You weren't injured.
Answered on Aug 19th, 2011 at 1:11 PM
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Because you weren't damaged by taking the wrong medication you probably would not be entitled to any damages, especially in Texas.
Answered on Aug 19th, 2011 at 12:04 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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If you suffered no adverse reactions from the medications, then there are no damages. I have handled two claims against pharmacies in the last couple of years for filling the prescription with the wrong medication, but in both of those two cases the clients suffered significant enough illness to at least see a doctor, and the other one required hospitalization. Mistakes happen, but if you were not injured, and did not see a doctor, there would be no claim to pursue.
Answered on Aug 19th, 2011 at 11:44 AM
You may consult with a medical malpractice attorney if you like. However, it seems that your injuries, if any, from taking the wrong medication are minimal to none.
Answered on Aug 19th, 2011 at 11:42 AM
Products Liability Attorney serving Durango, CO
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Law Offices of Richard Copeland, LLC
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Just be glad nothing serious happened and let it go. You don't have any real damages, and you are not going to find a lawyer willing to take your case. Just be thankful that you're fine and equally thankful you don't need a lawyer.
Answered on Aug 19th, 2011 at 11:36 AM
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Unless you were damaged by taking the wrong pills you will not have a cause of action. While it appears that the pharmacy may have been negligent, that negligence must cause you some harm in order for you to have a viable lawsuit.
Answered on Aug 19th, 2011 at 11:35 AM
Automobile Accidents Attorney serving Portland, OR
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The Law Office of Josh Lamborn, P.C.
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Unfortunately, this scenario is more common than you might think. Clearly the pharmacist was negligent in giving you the wrong medication, you were very fortunate that your health was not jeopardized. The fact that you felt the unfamiliar effects of the medication and that you were afraid to take your meds later (thus suffering through some pain?) may make you eligible to collect some minimal damages due to the pharmacist's negligence. However, since you were not physically injured and suffered some minor emotional trauma your case is probably not worth a lot of money. I always encourage people to consult with a lawyer in person on their cases because I seldom get all of the facts from one of these emails. Additionally, if you are in Oregon, your case may be worth filing a lawsuit under ORS 20.080. These lawsuits for $7,500 or under ($10,000 after January 1, 2012) are handy because if the lawyer beats the defendant's initial offer after filing the lawsuit then the defendant will have to pay the attorney fees on the case, saving you 1/3 or more of the award.
Answered on Aug 19th, 2011 at 11:32 AM
Plaintiff's Personal Injury Attorney serving Seattle, WA
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Shaw Legal Solutions
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Probably not. If the medication didn't cause you any serious medical issues, then you have not really been damaged. The potential to be hurt isn't enough to make a claim against a medical provider.
Answered on Aug 19th, 2011 at 11:27 AM
You are fortunate that you did not suffer any injury. If your family doctor confirms that you will suffer no ill effects, then I do not see any case as you have no injury.
Answered on Aug 19th, 2011 at 11:26 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I am handling a case like this now. However, you were lucky that it was caught so soon and while you experienced some discomfort, it does not appear your damages are large enough to warrant a law suit. You should try to get whatever you can from the pharmacy or its insurance company as compensation. I cannot comment on the papers you refer to as you did not say what information they seek.
Answered on Aug 19th, 2011 at 11:25 AM