If I was giventhe wrong medicine by a pharmacy, what can I do?

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If I was giventhe wrong medicine by a pharmacy, what can I do?

I have been taking the wrong medicine from the month which has resulted in elevated thyroid levels.

Asked on May 19, 2011 under Malpractice Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

You can sue the pharmacy for negligence.  Negligence is the failure to exercise due care (that degree of care that in this case a reasonable pharmacy would have exercised under the same or similar circumstances) to prevent foreseeable injury.  To prove negligence, you will need to establish breach of duty of care (this occurred by the pharmacy giving you the wrong prescription), actual cause, proximate cause, and damages (monetary compensation).

Actual cause means but for the pharmacy giving you the wrong prescription, would your thyroid levels have been elevated?  If the answer is no which appears to be the case, you have established actual cause.

Proximate cause means were there any unforeseeable intervening events which would relieve the pharmacy of liability.  If the answer is no, you have established proximate cause.

When you complete your medical treatment for the elevated thyroid levels, obtain your medical reports and medical bills.  The medical reports will document the nature and extent of your injury and will be used to determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills. Compensation for the medical bills and documentation of any wage loss is straight reimbursement.  Your damages (monetary compensation you are seeking in your lawsuit) should include the medical bills, compensation for pain and suffering, and any wage loss.

You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

Prior to filing your lawsuit, you might want to try to settle your case with the pharmacy's insurance carrier.  If the case is settled with the insurance carrier prior to the expiration of the statute of limitations, no lawsuit is filed.  Your claim with the insurance carrier would include the medical bills, compensation for pain and suffering, and any wage loss.  If you are dissatisfied with settlement offers from the insurance carrier, proceed with your lawsuit against the pharmacy.  If the statute of limitations is approaching and the case has not been settled, file your lawsuit to avoid missing the expiration date of the statute of limitations.


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