What to do if a pharmacy gives you the wrong medication?

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What to do if a pharmacy gives you the wrong medication?

My uncle just showed me 5 prescriptions he has been taking for 5 days because he wasn’t feeling any better. Upon my review, the prescriptions do not belong to my uncle. My uncle had a serious head injury years ago and has a plate in his head. He didn’t look at the name on the prescriptions because he trusted the drug store to give the proper meds. Please advise how to proceed before I contact the pharmacy.

Asked on July 21, 2013 under Malpractice Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If your uncle suffered any injury or harm because of this, then it may be worthwhile suing. However, the U.S. legal system only provides compensation for actual injuries or costs caused by a negligent (careless) or other wrongful act, as a general matter. Therefore, if your uncle hasn't suffered significant harm, legal action would not be worthwhile: you'd likely spend more on the legal action then you could recover.


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