pharmacyngave me wrong medications. i took medications and now im suffering do i have a case
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pharmacyngave me wrong medications. i took medications and now im suffering do i have a case
do I have a case
Asked on November 28, 2017 under Personal Injury, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Negligence 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).
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 for taking the wrong medication, and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, 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 will document your injury and will be 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 against the pharmacy for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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