Is it possible to sue a pharmacy for not delivering my medication for 2 weeks after I paid for it?

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Is it possible to sue a pharmacy for not delivering my medication for 2 weeks after I paid for it?

I am running out of it and I have a condition where I must have the medication and take it daily. I spoke with someone over the phone from the pharmacy and supposedly they claim that by mistake they sent my medication by regular mail. They will call me back but I am sure they will say that there is nothing they can do and that I just got to wait for whenever the mail delivers the package. They are supposed to deliver it personally to my door.

Asked on November 2, 2015 under Malpractice Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You probably cannot successfully sue them, because you have a duty to mitigate, or mimimize, your injuries (such as from not taking your medication), which duty, in a case like this, means you would have had to try other routes to get your medicine and prevent harm from it--like contacting your doctor to have the prescription re-issued, then going in a pharmacy in person to get it filled. If you didn't do that, you can't recover for any harm the lack of medicine caused you; the best you can do would be, if you do have to re-order medicine, to sue for the cost of duplicative medicine, which may not be worth the cost or trouble of the suit.


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