What to do if I was given an incorrect prescription at a pharmacy?

I became ill, although not seriously. The hospital confirmed it and has documentation to prove the script I was given was never called in. What, if any, grounds do I have for legal action?

Asked on December 3, 2012 under Malpractice Law, Wisconsin


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

There are two separate issues:

1) Liability--is the pharmacy responsible for any injury or costs you experienced? If the pharmacy was negligent, or unreasonably careless, in giving you the wrong prescription, as they may well have been, they could be liable for your injuries.

2) What you could recover--the amount of compensation you could receive is related to the amount of out-of-pocket (not reimbursed by insurance) expenses you incurred, and by the duration and severity of the injury. If you became relatively briefly "ill, although not seriously" and did not incur significant out-of-pocket costs, it is highly unlikely that you could recover enough money to make legal action worthwhile.

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