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

Answers:

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.


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.