Home > Research Legal Advice > Medical Malpractice > Can i sue a pharmacy for giving me the wrong rx?
Asked 10 months ago - Independence, MO
Flagi 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.
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
http://www.wardhollingshead.com/jeremy-d-hollin...
You have the right to but an experienced attorney would not accept the case. The reason is that you were minimally damaged (fortunately!).
http://www.phillyinjurylawyer.com/
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.
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