QUESTION
Is the pharmacy liable for giving me the wrong medication that made me sick?
Asked on Dec 20th, 2012 on Personal Injury - Utah
More details to this question:
I'd gone to the doctor because I thought I had the flu he gave me a prescription but after I took it I started feeling even worse (throwing up a worse), went back to the pharmacy they tell me it was the wrong medicine. I don’t think it’s fair there supposed to know the medicines but it made me more sick.
12 ANSWERS
Ronald A. Steinberg
There is a case. I don't know what it is worth, because it depends on whether the wrong medicine caused other problems or not.
Answered on Jun 21st, 2013 at 12:42 AM
Yes, but what did they mean by "it's the wrong medicine." Did they mean the doctor prescribed the wrong medicine or that they filled the script incorrectly? Your case doesn't seem to be economically feasible. There isn't enough damage to justify it.
Answered on Dec 23rd, 2012 at 7:15 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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They are guilty of malpractice but what is the case worth? That is the issue get in touch with their insurance carrier and see how it goes.
Answered on Dec 23rd, 2012 at 6:15 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Yes, the pharmacy is liable for giving me the wrong medication. The problem is going to be the amount of proof of damages.
Answered on Dec 21st, 2012 at 2:14 PM
Consult with a plaintiff's accident or medical malpractice lawyer to settle the matter without litigation.
Answered on Dec 21st, 2012 at 12:03 PM
Absolutely. Pharmacists have a duty to dispense the correct medication to patients. You have a claim against the pharmacist and the pharmacy.
Answered on Dec 21st, 2012 at 12:02 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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Yes, they are liable. See a personal injury lawyer in your area right away. Do not try to take this on yourself.
Answered on Dec 21st, 2012 at 12:02 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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Yes, the pharmacy is liable. However, if you have no permanent injury as a result, it may not be worth going to court over. You may want to contact the pharmacy, let them know you want to file a claim for the incident and see what they offer.
Answered on Dec 21st, 2012 at 12:02 PM
Insurance Defense Litigation Attorney serving Auburn, CA
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Graves Law Offices
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Yes they would be liable for providing the wrong meds, but the general damage portion or pain and suffering would be based on the duration of the aggravation of your symptoms and how well you can describe it.
Answered on Dec 21st, 2012 at 2:39 AM
Medical Malpractice Attorney serving Louisville, KY
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Gladstein Law Firm, PLLC
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You most likely have a viable case against the pharmacy. The big question, however, is what is the case value. If you were only sick for a few days, I could reasonably foresee the pharmacy's insurance company paying up to two-three thousand dollars to resolve the matter out of court. However, if your injuries are more extensive, the case's value may go up. That said, the defense will focus on the medication you received, and attempt to argue that it's effects were minimal. If I were in your shoes, I'd seek out a competent, well established Louisville, Kentucky personal injury lawyer to discuss your various options. I would do this as soon as possible, because your time to file suit may be limited. Good luck.
Answered on Dec 21st, 2012 at 2:31 AM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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I've handled a case like this but unless you suffered lasting or prolonged consequences it probably isn't worth much.
Answered on Dec 21st, 2012 at 2:13 AM
Lisa Hurtado McDonnell
Yes, but you have to be treated by medical personnel, you have to show injury.
Answered on Dec 21st, 2012 at 2:12 AM