What can I do ifI was given the wrong prescription at a pharmacy?

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What can I do ifI was given the wrong prescription at a pharmacy?

I was given medicine for treating thyroids instead of something for my heart.  I took the medication for 25 days – twice a day. I am getting a blood workup and I think the pharmacy should pay for that expense instead of my insurance company. Also, I was wondering if I am entitled to anything? I live in IL but work in IN where the prescription was filled.

Asked on March 22, 2011 under Malpractice Law, Illinois

Answers:

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

Answered 11 years ago | Contributor

If you're in the process of getting a blood work-up that means that do you don't yet know what, if, any actual injury may have resulted from this mistake.  And the legal system compensates people for their losses.  If you did not suffer any damage then there is nothing to sue over.  Absent, your bloodwork indicating some type of injury to your heart or otherwise, you really have nothing to sue over (other than the expense of your blood tests which will be primarily be covered by your insurer).  I'm not minimizing your anxiety over this but the fact is that even though the pharmacy was negligent, there appears to be no legal basis for a lawsuit, at least not a very worthwhile one.  If you will be out-of-pocket on a deductible regarding your blood work-up, then you are entitled to compensation for that.  Your best bet is to contact the pharmacy directly for reimbursement (suing might be more money than the costs of the tests).  Additionally, you'll at least want to report the incident to the Risk Management Department or upper management/corporate offices, as well as to the state agency which licenses pharmacists.  

 

Note:  If, on the other hand, you are found to have suffered physical harm from this mistake, then by all means consult directly with a malpractice attorney in your area.  They can best advise you as to your legalrecourse in thie matter.


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