Can i sue a pharmacy for giving me the wrong medication?

Asked over 4 years ago - Burlington, NC

I was given the wrong medication by my pharmacy about 3 weeks ago. Not only was it the wrong medication, but according to my research the directions for it were not only wrong, but they had me overdosing by about 8 times the normal dose. Furthermore when you take this medication you are supposed to be tapered off and i finished the medicine, cold turkey. That caused me to severely change my mood. I did things right after that were not normal, including driving my car around on the back lawn. Also, coming off the medication cause a lot of stress on my body and gave me shingles and cause my blood pressure to be dangerously high. I had to visit my primary care doctor and the emergency room. All the medications i am on have cause me to be so drowzy and i havent been able to get out of bed.

Attorney answers (3)

  1. James E. Girards

    Pro

    Contributor Level 14

    Answered . Whether you have the injuries necessary to make a lawsuit economically feasible is something that you'll need to find out as soon as you can. Really, only a trial lawyer can do this for you so I would retain one in your area as soon as possible. Even if a lawsuit is not feasible, you can still file a written complaint with the pharmacy as well as the NC Board of Pharmacy.

    Good luck to you.

  2. Scott Patrick Distasio

    Contributor Level 10

    Answered . I have been bringing claims against pharmacies for misfilled prescriptions such as yours for many years. Although the laws are different in each state, I do believe North Carolina law would allow you to pursue a claim for money damages. I would be happy to help you find a lawyer in your state that is experienced in handling pharmacy malpractice cases. You can call toll free at 888-595-0022.

  3. Andrew Daniel Myers

    Contributor Level 20

    Answered . Prescription error is a growing legal cause of action with the replacement of the local pharmacist who knew many or most of his/her customers, with big box dispensaries run by "pharm techs" who are supposed to be supervised by a pharmacist. Errors occur more often than you would think. While a duty to you was breached by giving you the wrong prescription and imprecise instructions, the measure of your case is the damage that was caused.

    One of the big box pharmacies has had a consent decree entered against it in one of my jurisdictions, but I have handled cases even after that public result.

    I encourage you to seek local representation. Personal injury attorneys nearly always give a free initial consultation.

    The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

    Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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