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Can I sue for the wrong medication?

Newtown, PA |

Pharmacy gave me what looks like the wrong med. (diff size/thickness, but same color--white.) Med is for my old/sickly dog. Have given him this med before, so I know what it looks like. Shutter to think what would have happened if I this was the first time administering med and DIDN'T know what it looks like. Haven't been back to pharmacy yet--should I ask them to fill the correct prescription (have one refill left also) or just ask for my money back and have them transfer the script to a different pharm? Also, can I sue them for this mistake and what could have potentially happened if I would have given the wrong med to my dog? Thanks!

Attorney Answers 4

Posted

You can't sue for what damages that did not happen. Also, unfortunately the value of the dog, while very high for you sentimentally, is only valued for the value of replacement, which unless he won a championship, would be very low. I'm glad you were alert enough to avert a terrible mistake!

David B. Snyder, Esq.
6876 Buckley Road
Syracuse, NY 13212
315-451-3040
https://snyderlf.com/SyracuseMedical_Malpractice.html
Mr. Snyder is licensed to practice in New York and practices Medical Malpractice Plaintiff’s work in Syracuse; he cannot offer legal advice in other states. This answer is meant to be a public service and not an attempt to solicit business. Moreover, my answer cannot be considered a legal opinion of your case / inquiry. Unless I am retained in a matter and have completed a full investigation of the underlying facts and law, I cannot give an opinion on which to rely. Furthermore, unless your matter concerns New York law, I am not licensed to practice or give specific legal advice in your state.

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3 lawyers agree

Posted

I am not licensed to practice law in PA, but I suspect that the answer is no. You can't sue them for what could have happened. You have not suffered any damages and, without damages, you have nothing to sue for. I hope this helps. Take care.

My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer a 10% discount on my fee.

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Posted

Attorney Snyder is correct. You were very lucky to catch the error before anything happened to your dog. You cannot sue for damages that may have occurred. If your dog had become ill from the medicine, you may have been able to pursue an action for out of pocket expenses.

For this case - consider it good news that you do not have any reason to bring an actions.

I wish you well.

Andrew W. Norfleet, Esquire Helping disabled individuals throughout Pennsylvania. awn@norlaflaw.com www.norlaflaw.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania and is personal in nature, not professional in nature. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality

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1 lawyer agrees

Posted

Just wanted to say I am glad you caught it and your dog is ok. I agree with the others though. Thankfully, no case here.

For a free consultation related to medical malpractice, personal injury, workers' compensation, social security disability or nursing home abuse, please contact Lowenthal & Abrams, PC at 1-800-876-5299. I am licensed in Pennsylvania, but members of my firm are licensed in Pennsylvania, New Jersey and New York. This post is not legal advice, but instead contains general educational information. Please do not act or refrain from acting based upon what you read in this post. Also please remember that this post does not form an attorney/client relationship between you and me. If you have specific legal questions, you should contact an attorney in your state for assistance. I am licensed to practice law in the state of Pennsylvania.

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