If the pharmacy dispensed the wrongdrug, can I do anything about it?

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If the pharmacy dispensed the wrongdrug, can I do anything about it?

Pharmacy filled my prescription with the wrong drug. They did receive the correct drug info from the doctor electronically. As a direct result of their error, I spent 2 nights at the hospital (my heart rate and blood pressure were affected).I had to find overnight care for my young child while I was in the hospital. I missed 1 day of work and had to work from home 2 more days because I was unable to drive. There are no long lasting effects of the drugthat I am aware of. Should I speak with a malpractice attorney? In Philadelphia, PA.

Asked on March 14, 2011 under Malpractice Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, if the pharmacy negligently (e.g. carelessly) gave you the wrong drug  (and it's their fault; as you say, they seem to have received the correct info from the doctor), you could sue them for medical costs, lost wages, other out of pocket costs (e.g. child care) and pain and suffering. However, it appears that there is  no real pain and suffering to collect, since there are no lasting effects. Therefore, the question is, is 2 nights of hospital care (whatever dollar amount you personally had to pay; it doesn't matter what your insurer paid), 1 day of wages, and the child care worth the time, cost, and inconvenience of a lawsuit? Probably not, though you need to decide; you could and should contact the pharmacy and see if they will compensate, but if they won't, it may not be worth taking further action.


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