What are my rights regarding a pharmacy error?

My doctor prescribed vitamin D3 100,000 units a week about a year ago. My problem is that the pharmacist has been giving me vitamin D2. My doctor discovered that yesterday because I am not getting any better and she has always written the prescription for D3. I am now having other health and dental problems due to the absence of vitamin D and I spend about 3 days a week unable to do anything but sleep. I confronted the pharmacist yesterday and she looked back at my file and confirmed their error. Is there any legal action I can take against them as I have missed out on “life” for so long now?

Asked on October 13, 2015 under Malpractice Law, Mississippi


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

Answered 5 years ago | Contributor

Prior to filing a lawsuit for negligence against the pharmacy, it may be possible to settle the case with the pharmacy's insurance carrier.
Notify the pharmacy's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor for treatment of the ailments caused by the wrong prescription 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 wage loss.  Your personal injury claim filed with the pharmacy's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/medical condition 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.

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