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 11 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 11 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.


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.

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