I the pharmacy gave me the wrong medicaton and I have been taking for 2 months now for my kidney,do I have a case?

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I the pharmacy gave me the wrong medicaton and I have been taking for 2 months now for my kidney,do I have a case?

My kidney specialist prescribe me medication to take for my bladder in which he gave me samples to start immediately as well as a prescription. When I ran out of the samples I took my prescription to the pharmacy and they gave me the wrong medication in which I have been taking for 2 moths now and did not realize it until my hair started coming out and my bladder was getting worse. Also cause me to have sleeping problems and emotional distress in my marriage due to the mood swings. I wanted to know would I have a case?

Asked on September 27, 2011 under Malpractice Law, South Carolina

Answers:

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

Answered 11 years ago | Contributor

You could sue the pharmacy for negligence for giving you the wrong medication.  Negligence is the failure to exercise due care (that degree of care that in this case a reasonable pharmacy would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you would have to prove duty (of due care) discussed above, breach of duty (failure to exercise due care by giving you the wrong medication), actual cause, proximate cause, and damages.

Actual cause means but for the pharmacy giving you the wrong medicine would you have been injured?  If the answer is no, which appears to be the case, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening events which would relieve the pharmacy of liability?  If the answer is no, proximate cause has been established.  Damages means the amount of compensation you are seeking in your lawsuit for negligence against the pharmacy.  Your damages should include compensation for medical bills due to the wrong medication from the pharmacy, compensation for pain and suffering, and compensation for documented wage loss.

Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports from your doctor will document the nature and extent of your injuries caused by the wrong medication from the pharmacy and will be used to determine compensation for pain and suffering.  Compensation for pain and suffering is an amount in addition to the medical bills.

Prior to filing your lawsuit, it may be possible to settle the case with the pharmacy's insurance carrier.  If the case is settled, NO lawsuit is filed.  If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If you are dissatisfied with settlement offers from the pharmacy's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the pharmacy.


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