What is my recourse if the pharmacy gave me the wrong medicine?

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What is my recourse if the pharmacy gave me the wrong medicine?

I had just left the emergency room due to a ruptured ovarian cyst. I was prescribed some pain medication so I took the prescription to my nearest pharmacy. After the prescription was filled I decided to take one of my pain pills and call it a night. The next day I had 3 missed calls from the pharmacy. It turns out that it gave me anti-depressants instead of my pain medication. Do I have a case against it?

Asked on October 18, 2013 under Malpractice Law, California

Answers:

Anne Brady / Law Office of Anne Brady

Answered 8 years ago | Contributor

You only have a case if you have damages, and it does not sound like you do.  What you describe is very unusual, as the usual course of action when filling a new prescription is for the pharmacist to review with the patients what has been prescribed and ask if there are any questions.  Not doing so could be falling below the standard of care, and therefore be negligent, but again, unless you have damages from that, you do not have a case.


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