What can I do egally if i was given the wrong pill by the pharmacy and could have dies as a result?

UPDATED: Oct 1, 2022

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What can I do egally if i was given the wrong pill by the pharmacy and could have dies as a result?

I needed medication due to bronchitis. However, I was given a med that could have had fatal consequences due to my heart condition.

Asked on November 24, 2018 under Malpractice Law, New York


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

Answered 4 years ago | Contributor

Since you mentioned no injury suffered, I'm assuming that you did not take the pills. And you can only sue for medical malpractice (or any personal injury for that matter) if there has been some instance of negligence and damages occurred as a result. Since there you suffered no actual damages, there really isn't much of a claim that you can pursue against the pharmacy unless, in the unlikley event, you could prove that the mistake was done deliberately. What you can and should do is to inform the pharmacy manager of the mistake. You can also file a complaint with the agency that regulates pharmacies/pharmacists in your state. 

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