If we have received someone else’s prescription 3 times from our pharmacy, what can we do about it?

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If we have received someone else’s prescription 3 times from our pharmacy, what can we do about it?

Asked on March 16, 2012 under Malpractice Law, West Virginia

Answers:

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

Answered 8 years ago | Contributor

If you did NOT take the wrong medication and were NOT injured, you would recover little or nothing in a lawsuit against the pharmacy for negligence.

If you took the wrong medication and were injured, you would have a strong case and should sue the pharmacy for negligence.  Negligence is the failure to exercise due care (that degree of care that a reasonable pharmacy would have exercised under the same or similar circumstances to prevent foreseeable harm).  To prove negligence, you will need to prove duty of due care ( mentioned above), breach of duty (failure to exercise due care by giving you the wrong prescription), actual cause, proximate cause and damages. 

Actual cause means but for being given the wrong prescription by the pharmacy would you have been injured?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts 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 to recover in your lawsuit for negligence.  Your damages would include compensation for your medical bills, compensation for pain and suffering ( an amount in addition to the medical bills based on the medical reports of your injury due to taking the wrong prescription) and documentation of any wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.  Again, this is only if you were injured.  If you weren't injured, you will recover little or nothing.  If you were injured, prior to filing a lawsuit for negligence against the pharmacy, it may be possible to settle the case with the pharmacy's insurance carrier.  If the case is settled with the pharmacy's insurance carrier, NO lawsuit is filed.  If the case is NOT settled with the pharmacy's insurance carrier, you will need to file your lawsuit for negligence against the pharmacy prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

If I were you, I would find a different pharmacy to fill your prescription since the work at your present pharmacy is so careless.


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