Can a pharmacy be in trouble for filling a prescription incorrectly?

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Can a pharmacy be in trouble for filling a prescription incorrectly?

I’m 31 weeks pregnant. Almost lost my baby at 23 weeks.I’m suppose to take this pill twice a day to prevent preterm labor. They pharmacy went against what the doctor wrote on the prescription because they “say” my insurance wouldn’t pay for it twice a day and only filled it for once a day. So since I had to double up on it I ran out in 2 weeks instead of a month. Now that we got the insurance to pay for it the pharmacy won’t fill it because it hasn’t been 30 days.

Asked on November 23, 2011 under Malpractice Law, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A pharmacy could be liable if it filled a prescription incorrectly. However, what you can sue for is limited to your own losses or damages. So if (hopefully) you baby is still ok and you are also ok, you could most likely sue them just for any out-of-pocket costs.

You could also report them to the appropriate licensing or regulator board or agency.

And you may wish to find a different pharmacy to fill your prescriptions at. If the age of the prescription is an issue, you might see if your doctor will renew it.


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