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What can I do if a pharmacy gives me the wrong medication

Spring, TX |

What can I do if a pharmacy gives me the wrong medication

Attorney Answers 3


  1. If you discover the error and aren't injured, all you can really do is exchange the wrong medication for the correct medication.


  2. If you sustained injury, then the pharmacy had be held accountable for its prescription drug error.

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  3. Prescription error is a growing legal cause of action with the replacement of the local pharmacist who knew many or most of his/her customers, with big box dispensaries run by "pharm techs" who are supposed to be supervised by a pharmacist. Errors occur more often than you would think. While a duty to you was breached by giving you the wrong prescription and imprecise instructions, the measure of your case is the damage that was caused.

    One of the big box pharmacies has had a consent decree entered against it in one of my jurisdictions, but I have handled cases even after that public result.

    I encourage you to seek local representation. Personal injury attorneys nearly always give a free initial consultation.

    The insurance industry’s own statistics indicate that once an attorney becomes involved, the value of any claim at least doubles.

    Put those two facts together and it is in your best interest to retain experienced legal counsel at your earliest possible convenience.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.