What can I do legally if I was prescribed medication but experienced some discomfort when using it and when I called my doctor I found out that I was prescribed the wrong drug?

it cost me over $300.

Asked on January 21, 2013 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

As a practical matter, you probably can't do anything. Prescribing the wrong medicine can be malpractice, since it can represent medical carelessness. The problem is that a medical malpractice suit costs far more than $300, since you need expert medical testimony; but all you can recover is your actual out-of-pocket losses or costs (unless you suffered some serious or long-lasting injury from the wrong prescription, in which case you may be entitled to pain and suffering compensation, too). Thus, you'd spend far more trying to recover this money then you'd actually get back.


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