Can you sue a pharmacy for writing the wrong directions on a prescription?

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Can you sue a pharmacy for writing the wrong directions on a prescription?

Asked on May 15, 2013 under Malpractice Law, California

Answers:

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

Answered 7 years ago | Contributor

You did not indicate what, if any, injury was caused by this error. The fact is that in order to sue for malpractice there would had to have been a mistake either negligently (or intentionally) caused by a medical professional (you seem to have met that requirement) that causes damages (e.g. an injury). However, you gave no details of your situation so it is not clear as to whether that requirement has been met. Unless you suffered some severe side effects from this prescription error, you really have no damages. Practically speaking, only serious injuries justify the time and expense cost of bringing a malpractice action.  

If, on the other hand, you had an injury then you should consult directly with a medical malpratice attorney in your area. They can best advise as to your situation.    

             
 

 

Tricia Dwyer / Tricia Dwyer Esq & Associates PLLC

Answered 7 years ago | Contributor

Hello. You should confer with an attorney regarding your rights and options available under law. Harm to you is an important concern in the determination of action. 

Some attorneys, myself included, will confer for free, at no charge. Then, if legal work is performed, some attorneys, myself included, will provide a reduced fee for need. All the best to you and your family.


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