PHARMACY GAVE MY MOM THE WRONG PRESCRIPTIONS AND SHE WAS TAKING THEM DOES SHE HAVE A CASE

Asked over 1 year ago - Saint Paul, MN

SHE IS NOT BEEN FEELING GOOD AND HAVING CHEST PHARMACY AGREES THEY GAVE HER THE WRONG ONE WITH DIFFRENT NAME THEY WANT THEM BACK

Attorney answers (3)

  1. Sean Michael Patrick

    Contributor Level 16

    2

    Lawyers agree

    Answered . She may have a case of malpractice. I would consult with a qualified medical malpractice attorney immediately to evaluate the facts underlying this unfortunate situation.

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which... more
  2. Marc Edward Stewart

    Contributor Level 16

    2

    Lawyers agree

    Answered . Pharmacy errors happen all the time. Yes, a patient can certainly have a legal claim if given the wrong script. However, most pharmacy errors do not cause serious damage to the patient. Your must go seek medical assistance right away, for her own health but also to see whether she has suffered a legal injury. I would never, ever give the pills back to the pharmacy. It is your evidence.

    If your mom ends up hospitalized and hurt pretty bad, then you should use avvo to find a good Minnesota lawyer with experience handling medical/pharmacy negligence claims.

  3. Lars A. Lundeen

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Your mother has a potential claim if she can prove that the switch in medications have caused her an injury. She should speak with her doctor about what ever it is concerning her chest and see if it is somehow related to the medications. I suggest you hang onto the medications and not give them back to the pharmacy, because if they are lost, your mother has lost critical evidence in her potential case.

    Your mother should obtain needed medical care and treatment immediately and follow the doctor's advice. Do not give any statement to the adverse party or insurance company nor grant them access to any medical records. Photograph the injuries and the damage done to any property. Contact a personal injury attorney in your area as soon as possible so that you can protect your rights. You may also find it helpful to review the Legal Guides I have published on Avvo.com dealing with many of the issues you are now facing. The Guides can be accessed through my profile page on Avvo.com.

    Legal Disclaimer:

    If this information has been helpful, please indicate below.

    Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

    This ans. does not create an attorney/client relationship.

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