i was given the wrong medicine at the pharmacy and it made me sick all month, what do i do

UPDATED: Oct 1, 2022

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i was given the wrong medicine at the pharmacy and it made me sick all month, what do i do

I picked up my blood pressure medicine and soon after taking it I was having migraines, unable to focus, work and go to school online but couldn’t concentrate head hurt so bad, turns out they gave me wrong medicine, what is my recourse

Asked on December 21, 2017 under Malpractice Law, South Carolina


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

Answered 5 years ago | Contributor

Medical malpractice is negligence.  Negligence on the part of the pharmacy 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).
In order to have a claim against the pharmacy, you will have to document your illness  with medical treatment.
Prior to filing a lawsuit for negligence against the pharmacy, it may be possible to settle the case with the pharmacy's insurance carrier.  Notify the pharmacy's insurance carrier in writing that you will be filing a personal injury claim.
When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the pharmacy's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the pharmacy's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the pharmacy's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the pharmacy.
If the case is NOT settled, your lawsuit for negligence against the pharmacy must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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