QUESTION
What I can do about my wife being prescribed medication that the dosage and instructions were given wrong on the bottle label by the pharmacist?
Asked on Nov 01st, 2012 on Personal Injury - New York
More details to this question:
It has caused her to have severe stomach pains, diarrhea, and throwing up constantly. None of this was an issue until this happen. She owns her own business and she has not been able to run effective because of trips to the emergency room and to the doctors.
9 ANSWERS
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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Your wife can sue the farmacy for negligence. The damages would include not only the losses from her inability to work, but the medical costs, and pain and suffering.
Answered on Nov 06th, 2012 at 11:17 AM
Personal Injury Attorney serving Pacific, MO
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Melvin G. Franke
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What are her damages? They need to be signiifcant for the suit ti be worthwhile
Answered on Nov 06th, 2012 at 11:16 AM
Civil Litigation Attorney serving Aptos, CA
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Richard E. Damon, P.C.
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You can sue the pharmacist for negligence.
Answered on Nov 02nd, 2012 at 11:49 PM
Plaintiff Animal Bites Attorney serving Missoula, MT
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Bulman Law Associates PLLC
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If she caught the mistake herself then not enough damage has occurred to make a case. Congress and the state legislature have made it so hard to successfully sue a doctor that it is only possible to accept catastrophic cases. Diarrhea doesn't cut it.
Answered on Nov 02nd, 2012 at 11:48 PM
You wife should consult with a plaintiff's medical malpractice or a personal injury lawyer for specific legal advice and direction regarding her prescribed medication and resulting sickness from taking the medication.
Answered on Nov 02nd, 2012 at 11:28 PM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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If it caused permanent damage, you could sue the pharmacy for negligence. If she recovers and her health is back 100%, there me be a question as to whether the damages are sufficient to justify a lawsuit. She could still file a claim with the pharmacy asking for lost wages and medical bills to be paid, plus whatever suffering she experienced.
Answered on Nov 02nd, 2012 at 11:20 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Sounds like a case of negligence. If you can prove the pharmacist made the error and that the error caused the problems you say, and if the problems you say caused a lot of dollar loss you may want to pursue it. if it were just a matter of small loss or couple days before it was corrected you may not want to pursue because it would cost you more to pursue than it would be worth..Have you spoken to the pharmacist? What does he say? Have you asked him to turn it over to his insurance carrier to investigate You should. Have you got a medical doctor to testify for you you must.
Answered on Nov 02nd, 2012 at 11:19 PM
Ronald A. Steinberg
It sounds like a malpractice case.
Answered on Nov 02nd, 2012 at 11:18 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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First, it is your wife who has to take action. You have what is called a "derrivative cause of action", that is, your right of action derrives from hers. That includes loss of society and companionship, loss of value of household services and loss of consortium. Generally, there is not much worth pursuing unless there is a permanent, severe injury. Your wife and you should consult an experienced personal injury lawyer in your area. She does have a cause of action against the pharmacy, but they are not going to pay any attention until and unless there is legal representation involved.
Answered on Nov 02nd, 2012 at 11:14 PM