If I went to the pharmacy to get a prescription refilled but I received the wrong medication and became sick, what are my rights?

UPDATED: Jan 27, 2015

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If I went to the pharmacy to get a prescription refilled but I received the wrong medication and became sick, what are my rights?

The correct medication is for premature ovarian failure. If I do not take my medicine regularly I suffer enormously. During the last 3 weeks my symptoms have grown increasingly worse instead of getting better even though I have taken my medication religiously. I finally made an appointment with my doctor and she asked to see the prescription. Upon showing it to her she informed me that they had given me the wrong medicine. I went the drugstore and the pharmacist working confirmed that they had filled my prescription incorrectly and I have been taking the wrong medication for 3 weeks. I have been miserable and have barely slept for 3 weeks. I would like to be compensated for their mistake.

Asked on January 27, 2015 under Malpractice Law, Washington


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Negligence is the failure to exercise due care (that degree of care that a reasonable pharmacy would have exercised under the same or similar circumstances to prevent foreseeable harm).

Prior to filing a lawsuit for negligence against the pharmacy, it may be possible to settle the case with the pharmacy's insurance carrier.  Notify both the pharmacy and pharmacy's insurance carrier in writing that you will be filing a personal injury claim.

When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary, which means having reached a point in your treatment where no further improvement is anticipated, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim filed with the pharmacy's insurance carrier should include these items.

Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/condition and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.  

If the case is settled with the pharmacy's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the pharmacy's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the pharmacy.

If the case is NOT settled with the pharmacy's insurance carrier, your lawsuit for negligence must be filed against the pharmacy prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

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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