Can I sue pharmacy for writing the wrong dose of a drug on the bottle?

UPDATED: Sep 26, 2012

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Can I sue pharmacy for writing the wrong dose of a drug on the bottle?

It was supposed to be just 2000 mg for 2 doses but instead was written as 2000 mg twice daily for 2 days. I’m an RN and caught the error before my husband took any doses. What happens to the person without a nurse in the family looking out? I called the pharmacist and he called the doctor to clarify and called me back right away. I thanked him and he said, “No thank you!”.

Asked on September 26, 2012 under Malpractice Law, Massachusetts


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

Your situation is what I call "good news for you and your husband, bad news for a lawsuit."  To bring a civil lawsuit for negligence or malpractice, a person must suffer an injury.  Since your husband did not take the overdose, he did not suffer an injury.

A person without a nurse in the family may take an overdose.  If they are injured by it, they have a potential claim.

After 30 years practicing law, I am convinced that people are better off without injuries than they are with a lawsuit.  No lawsuit ever restores a person to health.  People with valuable lawsuits have suffered grave injuries and every one I have met would gladly trade all the money to get their health or loved one back.

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 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.

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