Mis-filled prescriptions are far too common. These errors cause many injuries to patients. I have represented a number of patients in Alabama who have suffered severe injury after receiving either the wrong medication or the wrong dosage of their medication. You need to consult your doctor as soon as possible to discuss any adverse health effects. I would also keep the pill bottles, any remaining pills, and the paperwork. This can be important evidence. If you return this evidence to the drugstore, it may disappear. Finally, you should consult an attorney licensed in your state who also has significant experience with these issues. These cases can involve complex drug and medical issues. If you speak to an attorney in your city, before hiring the attorney, I would specifically ask about his/her experience with cases involving defective products or medication-related injuries.
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To have a viable personal claim, the case has to have damages. If your husband was just sick, it doesn't sound like the damages are that significant, fortunately. If he was ill to a greater degree then you report in your post, call a local personal injury attorney and get your husband's medical chart and take it to the consultation. Good luck with it and hopefully he is not in a position to be a plaintiff.
The information provided herein is for informational purposes and should not be construed to establish an attorney client relationship. To establish such a relationship, the prospective client would need to meet with me in person, and have a detailed discussion about all the facts and circumstances surrounding your case.
Walgreen made a mistake and can be held responsible for the damage caused as a result of the mistake. The question becomes how badly did he feel for one month. You can consult with a local personal injury lawyer if you think this is worth pursuing.
You will need to hire a lawyer who handles professional liability cases in the area of pharmacies/pharmacists. These cases are expensive and difficult to pursue in Tennessee because of laws that have been enacted to protect health care providers. Whether an attorney will take your case will largely depend on how badly our husband has been injured as a result of having taken the wrong medication. Be sure not to wait too long to consult with a lawyer. The more time he or she has to review the facts, the better your chances are of getting representation. The time limits are tight in which to serve and file alll the necessary documents to puruse your case. Don't delay and good luck!
Law is state-specific and laws may vary from state to state. You should consult an attorney in your state for specific legal advice. This answer does not establish an attorney-client relationship.
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