What can I do if my pharmacy prescribed me the wrong medication and it made me sick?

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What can I do if my pharmacy prescribed me the wrong medication and it made me sick?

My doctor sent in a prescription that called for 10 mg but the pharmacy filled it for 100mg. I took it not realizing it and got sick. The pharmacy is aware and knows it was on their end. Is there anything legally I can do?

Asked on May 13, 2015 under Malpractice Law, Florida


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

Answered 8 years ago | Contributor

The pharmacy is liable for negligence.  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, it may be possible to settle the case with the pharmacy's insurance carrier.  Notify the pharmacy's insurance carrier in writing that you will be filing a personal injury claim.  Obtain your medical bills, medical reports and if applicable, documentation of wage loss caused by the drug overdose.  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 condition due to the drug overdose 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 against the pharmacy must be filed prior to the expiration of the applicble 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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