Do I need to pursue litigation?
Spokane, WA
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Posted 21 days ago in Medical Malpractice
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My wife was a diabetic on Medicare. We routinely had her prescriptions filled at thelocal Walgreens Pharmacy. In September of 2009, we took her prescriptions for her diabetes supplies in. When we picked up the filled prescriptons, we discovered that they had given her the wrong test strips. They gave her 2 boxes of OneTouch Basic test strips, which will not work in her OneTouch Ultra Mini glucose monitor. We were told at the pharmacy counter that Medicare did not cover the test strips that work in her monitor anymore. We did not have the $113 to buy anything, even her much needed test strips. On October 19, 2009, my wife passed away. The death certificate says her passing was caused by uncontrolled diabetes.
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The cause of death on the death certificate reads: Asystole Interval: not stated. Other conditions contributing to death: Morbid Obesity, Uncontrolled Diabetes, Asthma Answers (1)Elizabeth Taylor Herd
This attorney is licensed in Florida and 1 other state.
Posted 20 days ago.
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First I am very sorry for your loss. I must, however, tell you that I am not licensed in WA and do not know the specifics of your state law and can only offer you general advice. Generally, when a death certificate lists uncontrolled diabetes that is a long term diagnostic opinion. This means that it would be difficult to prove that the short term impact of the inability to test her blood sugar would be difficult to relate as a significant contributing factor to her death without an autopsy. You should call a local lawyer to see what they may tell you.
Again, I am sorry for your loss, and even if you cannot bring a lawsuit against Walgreens, I would write a letter informing the manager or a Vice President at the corporate level of the insensitivity of the pharmacist in your situation. At the very least, the pharmacist should have directed you to the county clinic or made other suggestions rather than leave you without an avenue to obtain your supplies. Betsey Herd Tampa, Florida
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