What to do about a pharmacy’s negligence?

UPDATED: Aug 31, 2012

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What to do about a pharmacy’s negligence?

My son was given a prescription for antibiotic the pharmacy gave the prescription to me without reconstituting it, which is their policy/practice. If I had given the medication to him as I received it, it could have cause permanently damaged his digestive system. That’s what a few licensed pharmacist explained to me. Can I sue the pharmacy? I did not give the meds to him, his father would have.

Asked on August 31, 2012 under Malpractice Law, Florida


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

Fortunately for your son, you did not give the medicine to him.  Unfortunately for his case, there is no case.  To sue a pharmacy (or anyone else) for negligence, you have to show they had a duty (no problem - pharmacies have a duty to fill prescriptions properly), they breached the duty (also no problem), someone was injured (you don't have this element), and the breach of duty caused the injury (you also lack this element).

This is a common misunderstanding about negligence lawsuits - spread by the anti-lawsuit people.  If no one is injured, there is no lawsuit for malpractice or negligence.  In reality, people recover money for genuine injuries.  Because of the expense and complications involved with lawsuits, injured people often recover less than they should.  Don't believe the anti-lawsuit propaganda.  In 30 years of practicing in Ohio, Kentucky, and Florida, I have never seen anyone get money for nothing.

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