Home > Research Legal Advice > Defective / Dangerous Products > I got a prescription... it was typed wrong. so i took it wrong and got s...
Asked 4 months ago - Yuba City, CA
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You could have a negligence claim against the pharmacy (and the pharmacist). You need to contact a personal injury attorney as soon as you can. Many, like myself, offer free consultations--so, there is no reason not to call today. AND, make sure to keep the medicine bottle, receipt and any leaflet/print-out they may have given you at the time you picked up your prescription.
Dispensing the wrong medication (or providing erroneous directions on how to take a medication) may, or surprisingly may not, mean a lawsuit should be brought against a pharmacy and/or pharmacist. Two things are required for a such a case to be successful: (1) a breach of the duty to provide the proper medication with correct directions and (2) damages resulting from that breach. Giving the wrong medication or wrong directions is probably a breach. Thus, the damages issue is the one that needs to be investigated. Giving the wrong medication or giving wrong directions implies two potential problems: (1) the wrong Rx may have caused harm and (2) not getting the right Rx or in the right way may have caused harm. An experienced attorney who understands all of the damages and ways by which damages can occur should be consulted by someone who has been given (and taken) the wrong Rx. Many of us medical malpractice types offer free initial consultations, so there should be no reason to fear contacting us. And, as always, consultations with a medical malpractice attorney should be done as soon as possible due to the strict statute of limitations issues in California.
- Paul
Paul J. Molinaro, M.D., J.D.
Attorney at Law, Physician, Broker
Fransen & Molinaro, LLP
980 Montecito Drive, Suite 206
Corona, CA 92879
(951)520-9684
www.fransenandmolinaro.com / www.888MDJDLAW.com
"When you need a lawyer, call the Doctor... Call Paul J. Molinaro, M.D., J.D... Call (888)MDJDLAW."
* This post and all others I make on Internet are for informational purposes only. None of the information or materials I post are legal advice. Nothing I post as comments, answers, or other communications should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. While I try to be accurate, I do not guarantee accuracy.
** Fransen & Molinaro, LLP practices in the areas of personal injury, medical malpractice, and real estate law.
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