Wrong medication in prescription bottle

I noticed 2 pills in my blood pressure
prescription bottle are a different
shape than the rest. I looked it up
online and it is not the medication I am
prescribed. Thank God I am very cautious
when it comes to taking my pills because
of my severe anxiety and noticed this
before taking them with my hand full of
other pills. I went to the pharmacy and
all they did was give me 2 of the
correct medication. I contacted the
corporate office and was told someone
would contact me about it but that was a
week ago.

Asked on October 6, 2018 under Malpractice Law, Michigan


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

Answered 2 years ago | Contributor

You can only sue for medical malractice (or any personal injury) if there has been some instance of negligence and damages occurred as a result. in your case, since there you suffered no damages, there really isn't much of a claim to pursue against the pharmacy unless you could prove that the mistake was done deliberately. However, what you can do is to inform the pharmacy(preferably a manager) of the mistake. You can also file a complaint with the agency that regulates pharmacies/pharmacists in your state. Mostly, just consider your self lucky that you had the good sense to check the pills before taking them.

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

Answered 2 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable pharmacy would have exercised under the same or similar circumstances to prevent foreseeable harm).
Since you did not take the pills, and were not injured, you would not have any claim of damages (monetary compensation) against the pharmacy.

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