Is it possible to sue a pharmacy for not delivering my medication for 2 weeks after I paid for it?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it possible to sue a pharmacy for not delivering my medication for 2 weeks after I paid for it?

I am running out of it and I have a condition where I must have the medication and take it daily. I spoke with someone over the phone from the pharmacy and supposedly they claim that by mistake they sent my medication by regular mail. They will call me back but I am sure they will say that there is nothing they can do and that I just got to wait for whenever the mail delivers the package. They are supposed to deliver it personally to my door.

Asked on November 2, 2015 under Malpractice Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You probably cannot successfully sue them, because you have a duty to mitigate, or mimimize, your injuries (such as from not taking your medication), which duty, in a case like this, means you would have had to try other routes to get your medicine and prevent harm from it--like contacting your doctor to have the prescription re-issued, then going in a pharmacy in person to get it filled. If you didn't do that, you can't recover for any harm the lack of medicine caused you; the best you can do would be, if you do have to re-order medicine, to sue for the cost of duplicative medicine, which may not be worth the cost or trouble of the suit.

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption