What should I do if the pharmacy gave my 1 year-old someone else’s medication and she took one of the pills?

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What should I do if the pharmacy gave my 1 year-old someone else’s medication and she took one of the pills?

Asked on February 1, 2011 under Malpractice Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

First of all I will assume that you spoke to your doctor and that your daughter is all right (you didn' t indicate otherwise).  However, if that is the case then you don't have a legal claim.  In order to have a case for personal injury there must be an injury.  The legal system compensates people for their losses.  If your daughter did not suffer any damage then there is nothing to sue over (fortunately).  I'm not minimizing your anxiety over this, but just making you aware that there appears to be no legal basis for a lawsuit here.  However, if there is some detail of your situation that you left out and of which I am unaware, you can speak with a personal injury attorney in your area; consultations such as this are free.

Note:  You should bring the problem to the pharmacy's attention by contacting its Risk Management Department and see if they will compensate you in some way for your trouble.  This isn't exactly the kind of thing that they want getting around publicly.


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