Do I have any legal case to sue for the pain I have been in for the past 3 weeks which was caused by a pharmacy’s negligence?

UPDATED: Feb 3, 2015

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 3, 2015Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Do I have any legal case to sue for the pain I have been in for the past 3 weeks which was caused by a pharmacy’s negligence?

I was recently diagnosed with gastritis and my GI doctor sent in prescription to my pharmacy. I picked up the medications and, as usual, I checked to make sure that both my name and my doctor’s name was on the bottles; that information was correct. Then 3 weeks later, I called my doctor because my pain had become worse. I went to see her and she checked and saw that the medication I was given was not one she prescribed. She called the pharmacy while I was in her office and they admitted to making the mistake of giving me someone else’s medication; the medication they gave me was for an overactive bladder.

Asked on February 3, 2015 under Malpractice Law, Kentucky


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

Answered 8 years ago | Contributor

As a general rule, a personal injury lawsuit can be filed if someone has suffered an injury do to another's negligence. And here, both of those requirements appear to be present. Before any more time passes, you should consult directly with an attorney who specializes in medical malpractice cases. They can best advise you as to how to proceed from here. And just so you know, most consultations of this type are free.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption