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

Independence, MO |

i was home with a newborn and 2 year old and was really drowsy and out of with blurred vision. I also had to miss a day of work. the pharmacy called me after i took the meds and left a mssg telling me not to take the medicine.

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Attorney answers 4


Thankfully it sounds like nothing bad happened. I don’t think you have a case that is financially viable.

This response is not intended to act as legal advice. I am not licensed to practice law in any state other than the State of Illinois. No attorney-client relationship is formed until you sign an attorney-client agreement with my office.


You have the right to but an experienced attorney would not accept the case. The reason is that you were minimally damaged (fortunately!).

Please note that we are not forming an attorney - client relationship and the advice is meant to be general. Law Offices of Joel J. Kofsky 1616 Walnut Street Suite 2110 Philadelphia, PA 19103


You do not have sufficient damages to justify the great economic cost of malpractice litigation. However, you might still retain a local attorney. The attorney might be able to send a demand letter to the risk management of the pharmacy company. This might, and I emphasize "might," result in a small settlement of a few thousand dollars. It sounds like the error was acknowledged and so liability is clear. So this process might work. Contact a local Missouri attorney for the best advice, particularly regarding the statute of limitations in your state.


I agree with all of my colleagues from around the country. It isn't so much a question of whether you technically have a malpractice claim. You very well might. The problem is that your damages are minimal, so you will have an extremely tough time finding an attorney interested in taking the case. Medical malpractice cases are notoriously difficult to win, and attorneys frequently front costs in excess of $50,000 to fight the case. All that said, if you wish to pursue the claim, you need to seek a Kansas City med mal attorney. You also need to understand that Missouri has a very short statute of limitations on med mal cases, so don't delay.

Jeremy Hollingshead
Ward, Hollingshead & Eccher

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