What to do if my sister was given the incorrect medication by her pharmacy and she took the pills for 2 weeks suffering significant short term effects?

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What to do if my sister was given the incorrect medication by her pharmacy and she took the pills for 2 weeks suffering significant short term effects?

Medical bills total about $1,500 and she was not able to work for a month. Should we ask pharmacy for a settlement or get a lawyer first? Also, how much should she ask for?

Asked on October 13, 2012 under Malpractice Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the pharmacy did not give her the medication that was prescribed, it was most likely negligent, and therefore your sister most likely has a claim against it. If so, she should be able to recover:

1) her out of pocket (not paid by insurance) medical bills;

2) her lost wages--e.g. if she couldn't work and so wasn't paid for  month;

3) other out-of-pocket costs (such as if she couldn't drive and took cabs; if she had to hire anyone to help out at home or with children);

4) some amount for pain and suffering, often more or less equal to the medical bills.

There are several thousand dollars at stake, assuming she did lose wages. She should retain an attorney to help her.


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