Home > Research Legal Advice > Personal Injury > Walgreens gave me the wrong perscription, was suppose to get antibiotic....
Asked 8 months ago - Milwaukee, WI
FlagI went to the doctor for a rash and the doctor gave me an antibiotic to clear it up, I filled this perscription at Walgreens. I was getting really sick all week, vomitting, really tired, and I got really dehydrated and could barely function so I went to Emergency room. I showed them the medicine I was taking and they told me it was extra strength vicodin. Walgreens called when I left the hospital, coincidentally telling me to return the perscription because it was the wrong one. They gave me the new perscription free and reimbursed me. I feel they owe me a lot more than this, I would like to file suit against Walgreens and it's staff for being so negligent. I'm not sure if I want to pursue this claim with an attorney or on my own, as I'm not sure what I could recover after legal fees
Hopefully this mistake was caught before you suffered any long term damage. If this is the case then you could attempt to collect any medical expenses caused by the mistake. Walgreens may be willing to reimburse you for these expenses without the necessity of litigation. You should also report the incident to the state agency in your state that governs pharmacies.
You should have no trouble finding an attorney to handle this on a contingency, meaning no fees unless a recovery is made, but you are correct to be mindful of the cost/benefit equation. An attorney would need to be able to double what you can get on your own to cover the typical one-third fee plus expenses and still put additional money in your pocket. Odds are, you will still do better with a lawyer, but the question is a proper one to ask of any attorney you are considering retaining.
Incorrect medications are an unfortunate but all too-common type of issue, especially over the last few years. Those of us who have handled many of these claims find that the pharmacies have not been as careful in filling prescriptions as should be expected, and the consequences range from minor discomfort, with no medical treatment, to emergency room treatment, overnight hospitalizations, long-term complications, and even deaths. Pharmacies can be held accountable for their actions, therefore, you would be best to consult with a personal injury attorney who has had experience with these types of claims. Be aware that in Wisconsin, there is a three year statute of limitations, which means that an adult will have three years from the date of the incident to either settle the claim for injuries or commence a lawsuit. Failure to do either can result in your potential claims being eliminated.
Prescription error is very unfortunately a growing concern. However, you contradicted yourself in this posting by indicating that on one hand you feel they owe you more than simple reimbursement, but on the other hand you're not sure you want to pursue this claim with an attorney. The insurance industry's statistics, not mine, indicate that claim value more than doubles where an attorney brings the claim.
If you meant the part where you indicated you felt they owed you more, please click the link to an article on the subject below:
It sounds like there is a case. An attorney should take this on a contingency fee basis. If you try representing yourself, the opposing party will aggressively defend their interests. Unrepresented parties are at a disadvantage, and insurance companies take advantage of their lack of skill and knowledge of the law. Call an attorney.
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