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If Pharmacy Gives Me Wrong Medication and I Get Sick, Can I Bring a Case?

 

A:

Pharmacy errors can be tragic and fatal.

A doctor prescribes you a medication they believe will improve your medical condition. You are told to take the medication 3 times a day for 10 days. You've never taken this medication before. You don't know what the pill is supposed to look like.

You drop off the prescription at your local pharmacy, maybe it's a CVS, Duane Reade or Walgreens.

A little while later you go to pick up your medicine and bring it home. At home you take the medication.

Almost immediately you notice something strange but are unsure why you're feeling worse. You can't put your finger on it, but you definitely feel different. "Am I supposed to feel this way when taking this medication?" you ask yourself. However, it's not that bad that you think you need to call the doctor yet.

You keep taking the medication for a few more days until finally you decide to return to the doctor's office.

Turns out you were getting the wrong dosage. Or maybe you were given the wrong pill.

Do you have a case?

If you were getting the wrong dosage or the wrong pill that would be just one element needed to prove a case.

I would also need to know what long-term significant injury you suffered as a result of the pharmacy's wrongdoing. If your injury is temporary or limited, it's unlikely that an experienced NY trial attorney will take on your case; they may, but most attorneys will shy away from a smaller value case.

On the other hand, if your medication error resulted in hospitalization and prolonged treatment and injury to your kidneys or other organs, there's a greater chance of an attorney wanting to investigate and expressing interest in your potential matter.