What can I do egally if i was given the wrong pill by the pharmacy and could have dies as a result?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do egally if i was given the wrong pill by the pharmacy and could have dies as a result?
I needed medication due to bronchitis. However, I was given a med that could have had fatal consequences due to my heart condition.
Asked on November 24, 2018 under Malpractice Law, New York
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Since you mentioned no injury suffered, I'm assuming that you did not take the pills. And you can only sue for medical malpractice (or any personal injury for that matter) if there has been some instance of negligence and damages occurred as a result. Since there you suffered no actual damages, there really isn't much of a claim that you can pursue against the pharmacy unless, in the unlikley event, you could prove that the mistake was done deliberately. What you can and should do is to inform the pharmacy manager of the mistake. You can also file a complaint with the agency that regulates pharmacies/pharmacists in your state.
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.