What can I do legally if a pharmacist gives me the wrong medication, and if they say it was correct?

Asked about 4 years ago - Brunswick, GA

I was given a prescription of Adderrall and the pharmacist gave me Ritalin, both were generic, and so I did not recognize the mistake. I noticed and then called the pharmacy the next day to report the mistake, I was told there was none. I called my doctors office the following monday, and they told me that it was done incorrectly and to ask the pharmacist to correct it? Can I hold them responsible for this?

Attorney answers (4)

  1. Lisa Ann Johnson

    Contributor Level 9

    Answered . I agree with the other answers here in that if there was no injury, you really do not have a case; however, you can report the incident so as to alert the community. One such place to report an incident is the U.S. FDA and another is https://www.ismp.org/orderforms/reporterrortoIS.... You can file a formal written complaint with the place in where you obtained your medication.

    Disclaimer:

    Communication with an attorney or staff member at the Law Office of L. A. Johnson & Associates, LLC does not by itself create an attorney-client relationship or constiitute the provision or receipt of legal advice. Any communication from any attorney or employee of this office should be considered informational only, and should not be relied or acted upon until a formal attorney-client relationship is established via a written agreement.

  2. Sam Louis Levine

    Contributor Level 14

    Answered . Well, the Pharmacist would need to re-fill the script if if was done incorrectly. That's about it, unless you were physically hurt.

  3. Donald Richard Worley

    Pro

    Contributor Level 9

    Answered . You do not mention anything about the amount of the wrong drug you took, or any adverse effects you suffered as a result. It is not uncommon for patients to take a drug improperly dispensed by a pharmacy (wrong medication, wrong dosage, wrong instructions on bottle, etc.), but yet the patient does not suffer any significant harm. You need to ask your doctor if you were actually harmed by taking the wrong drug, and, if not, it was a "no harm, no foul" situation and you should be thankful for that and not bother pursuing a claim.

  4. Nima Taradji

    Contributor Level 16

    Answered . You do not state what were your injuries as the result of the error in filling your prescription. In a personal injury case arising from malpractice, you must show that the error has caused some damage. From what you say, you noticed the error and fixed it within a week period.

    No injury, no cause of action.

    I hope this helps-

    Nima Taradji
    http://personalinjuryattorneyz.com

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide general information and for entertainment purposes and is only for issues arising under Illinois Law. This answer does not create an attorney-client relationship. It is always advisable to contact an attorney directly to find answers based on the facts unique to your case.

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