Can I sue a pharmacy with negligence if I found 2 pills in my Rx that are not supposed to be in there?

UPDATED: Jan 24, 2019

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Can I sue a pharmacy with negligence if I found 2 pills in my Rx that are not supposed to be in there?

These are not only a med I’ve never been prescribed, they can’t be taken with 3 of my serious health conditions or some of my medications

Asked on January 24, 2019 under Malpractice Law, Washington


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

Answered 3 years ago | Contributor

Actually, you cannot sue. The fact is that a personal injury requires that there be a negligent act that resulted in an inury. Here, there was certainly an act of negligence but fortunately since you caught the error, you suffered no injury, so you have no case.

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