Can I sue pharmacy for writing the wrong dose of a drug on the bottle?
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Can I sue pharmacy for writing the wrong dose of a drug on the bottle?
It was supposed to be just 2000 mg for 2 doses but instead was written as 2000 mg twice daily for 2 days. I’m an RN and caught the error before my husband took any doses. What happens to the person without a nurse in the family looking out? I called the pharmacist and he called the doctor to clarify and called me back right away. I thanked him and he said, “No thank you!”.
Asked on September 26, 2012 under Malpractice Law, Massachusetts
Answers:
Catherine Blackburn / Blackburn Law Firm
Answered 11 years ago | Contributor
Your situation is what I call "good news for you and your husband, bad news for a lawsuit." To bring a civil lawsuit for negligence or malpractice, a person must suffer an injury. Since your husband did not take the overdose, he did not suffer an injury.
A person without a nurse in the family may take an overdose. If they are injured by it, they have a potential claim.
After 30 years practicing law, I am convinced that people are better off without injuries than they are with a lawsuit. No lawsuit ever restores a person to health. People with valuable lawsuits have suffered grave injuries and every one I have met would gladly trade all the money to get their health or loved one back.
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