Do I have any legal case to sue for the pain I have been in for the past 3 weeks which was caused by a pharmacy’s negligence?

I was recently diagnosed with gastritis and my GI doctor sent in prescription to my pharmacy. I picked up the medications and, as usual, I checked to make sure that both my name and my doctor’s name was on the bottles; that information was correct. Then 3 weeks later, I called my doctor because my pain had become worse. I went to see her and she checked and saw that the medication I was given was not one she prescribed. She called the pharmacy while I was in her office and they admitted to making the mistake of giving me someone else’s medication; the medication they gave me was for an overactive bladder.

Asked on February 3, 2015 under Malpractice Law, Kentucky

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general rule, a personal injury lawsuit can be filed if someone has suffered an injury do to another's negligence. And here, both of those requirements appear to be present. Before any more time passes, you should consult directly with an attorney who specializes in medical malpractice cases. They can best advise you as to how to proceed from here. And just so you know, most consultations of this type are free.


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