What to do if there was a mix-up in my son’s prescription medicine?

UPDATED: Mar 20, 2013

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.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if there was a mix-up in my son’s prescription medicine?

My son’s doctor prescribed my son amoxicillin. The bottle said give 10 ml twice a day for 10 days but the bottle only had 100 ml of medicine and no refills. I gave him the 30 ml in a day and a half and realized that it didn’t make sense. I called a friend who works as a pharmacist and she pulled up the info and she said that with his weight and at the highest severity he should. Be getting only around 6 ml and the doctor and pharmacy messed it up. Do I have a case?

Asked on March 20, 2013 under Malpractice Law, Illinois


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The key factors involved in proving medical malpractice are:

  • A doctor or another medical professional made a mistake, and
  • You were harmed by that mistake

Specifically with repect to the latter, it's not enough just to show that your doctor and/or pharmacy made a mistake; you must also prove that the mistake resulted in "damages" (i.e. physical harm). Unfortunately you did not indicate what, if any, harm your son suffered. If there was none, then you have no case.


Usually, any malpractice case is a long and complicated legal matter because it's not always fast or easy to prove those two things.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption