What are my rights if I was given the wrong medication by pharmacy and ended up in the hospital because of it?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights if I was given the wrong medication by pharmacy and ended up in the hospital because of it?

The pharmacist misread the perscription and gave me blood pressure medicine instead of a diuretic. I discovered error by accident 8 days later. My fluid retention was so high that I was admitted to hospital and had to have 2 procedures to remove fluid from my abdomen and lung cavity. I was in the hospital for 5 days. Should I seek representation for medical malpractice?

Asked on August 3, 2014 under Malpractice Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If the pharmicist misread the presciption, then most likely, he committed malpractice (i.e. was negligent in his care); alternately, it is possible the physician committed malpractice if he/she miswrote the prescription. In any event, when given the wrong medicine, it is usually the case that malpractice was committed; that malpractice may entitle you to recover any medical costs (e.g. the two procedures and the hospital stay) caused by it, plus possibly other amounts (such as lost wages; if there were lasting negative effects, "pain and suffering"). From what you write, it would be worthwhile for you to consult with a medical malpractice attorney. Note that many lawyers provide a free or reduced-price initial consultation; you can inquire into this before booking the appointment.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption