What to do if I have a health condition that requires B12 injections and the pharmacy initially gave me the wrong needles which has caused health problems for me?

I went at a later date and the same pharmacy has now a new pharmacist. Do I have a case?

Asked on August 26, 2013 under Malpractice Law, Mississippi

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have a personal injury claim which you should file with the pharmacy's insurance carrier.

When you complete your medical treatment and are released by the doctor (for the health problems resulting from the wrong needles) or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.

Your personal injury claim filed with the pharmacy's insurance carrier should include your medical bills, medical reports, and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement. 

If the case is settled with the pharmacy's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the pharmacy's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the pharmacy.  If the case is NOT settled with the pharmacy's insurance carrier, your lawsuit for negligence against the pharmacy must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.