Can I sue a Pharmacy and Pharmacist for giving me 3 pills a day rather than 1 pill a day as the Dr. ordered?

Asked about 1 year ago - Tallahassee, FL

My Primary Care Physician faxed a prescription for me to my pharmacy for Protonix. Went to Pharmacy to pick up the prescription which instructed me to take 1 (40) mg. pill 3 x a day. I followed the instructions on the label, and refilled for 3 months. I became very sick, went to ER and it was determined by ER Doctors that my sickness was a result of pharmacy error. Protonix is only to be taken once per day, not 3 times. I went to pharmacy to get a copy of my prescription that was faxed to them via my primary care doctor, and sure enough the doctor had prescribed only once per day. I still have the old (3) pill bottles showing the quantity of 90 pills each month. The ER doctors told me I could have died if I continued taking that drug 3 times a day and not sought medical help. Sue?

Additional information

Also, does the State of Florida require an Affidavit/Certificate of Merit to be filed? I worked as a para legal for almost 10 years but everything was dealing with criminal defense, Post Conviction/Direct Appeals...so I know nothing as it relates to my medical claim. Thank you for any advise. PSS: "IF" I were to just try to circumvent a law suit and aim for a settlement offer, do I need to submit a "Demand Letter" in medical cases...as one would do in say, a personal injury case?

Attorney answers (5)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Have a local pharmacy errors lawyer investigate if you sustained injury

  2. Mark Alexander Kaire

    Contributor Level 13

    2

    Lawyers agree

    Answered . The issue is not whether you can sue-you can, but whether it is worthwhile to file a lawsuit. As you correctly noted, you could have died, but thankfully caught the problem in time. The issue is whether you suffered permanent injuries or incurred significant medical expenses. You should contact a lawyer in your area.

  3. Elizabeth Taylor Herd

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . Fortunately it sounds as though you have recovered. If this is the case you would likely spend more litigating than you could recover. However you could notify the pharmacy and see what they say. Pharmacists are not enumerated as a healthcare provider in the statute

  4. Andrew Daniel Myers

    Contributor Level 20

    2

    Lawyers agree

    Answered . Pharmacy error is unfortunately a growing cause of action. Do not 'do-it-yourself'. There are attorneys experienced in prescription negligence. Find one in your jurisdiction if you are in fact serious about obtaining a full fair recovery. Here's more on pharmacy error: BLUE LINK BELOW

    Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only.... more
  5. David Ian Schoen

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It depends on the length and depth of your illness. Consult with a local medical malpractice attorney.

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