Skip to main content

Can I sue a Pharmacy for changing my meds without talking to my doctor or myself ?

Milwaukee, WI |

The pharmacy couldn't get the birth control I was taking and switch it to a different prescription . I called my doctor because I got all the side effect you can get from it . My doctor told me that they have never heard of the new medication . Can a pharmacy change what you are taking with out okaying it with my doctor first ?

Attorney Answers 3

Posted

Check with a local injury lawyer (try David Lowe in Milwaukee, he handles med mal and injury cases). I can only guess that if it is a different drug, they should not have done that. If it was the same drug, but a generic version, that could be possibly ok. Check for sure with a local atty. If you stopped taking it right away, and havent suffered much injury, it may be a tough case to pursue.

Mark as helpful

7 lawyers agree

5 comments

Asker

Posted

I was already taking the generic version already. It is a different medication all the way around. It has almost been a month and im still having the side effects. I did not stop taking the medication, pharmacy said the side affects would go away.

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Didnt you notice the difference in the appearance of the medication? The name of it on the label? Why didnt you ask the pharmacy or doctor as soon as you started to take it?

Asker

Posted

They told me that they couldnt get the other one and that is the one that they had instead. I called my doctor two days after taking the medication. I did not go to pharmacy school nor am I a doctor, so there for when the pharmacy tells you something it shouldnt be a lie. As soon as I called the doctor they have never heard of the medication before. I do know that medication does change size, color and shape. It has happend to me before with my other medication. The medication that changes color,size and shape shouldnt be a completly new medication!

Robert Bruce Kopelson

Robert Bruce Kopelson

Posted

Please understand that it is very difficult for lawyers here to give specific advice, especially when incomplete info is provided. That is why I suggested you talk to a local injury lawyer who can converse with you and get all the relevant info and give you an opinion. Attys on Avvo all try their best to give helpful info for free.

Jonathan S. Safran

Jonathan S. Safran

Posted

The laws are clear as to what authority a pharmacist has in filling medications. any change of medication should be done only with the authorization of a physician.

Posted

If the pharmacy switched you to an entirely different medication without clearing it with your doctor, they could be liable. If they gave you a generic version and has the approval for generic on the subscription they I don't see much of a case here. The damages are not very large. Of course check with a local medical malpractice attorney for a free case evaluation to fully explore this situation.

Mark as helpful

7 lawyers agree

Posted

It was likely switched to a generic version to save you money.

Only 29% Contingency Fee! Phone: 215-510-6755 www.InjuryLawyerPhiladelphia.com

Mark as helpful

4 lawyers agree

1 comment

Asker

Posted

I was already taking the generic version. It is a different medication!

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics