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Walgreens gave me the wrong perscription, was suppose to get antibiotic. Case?

Milwaukee, WI |

I 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

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Attorney answers 8


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.

The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on is not privileged and you should not share confidential information over this forum.


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:

Law Offices of Andrew D. Myers, North Andover, MA & Derry, NH provide answers for informational purposes only. Actual legal advice can only be given by an attorney licensed in your jurisdiction, thoroughly familiar with the area of the law in which your concern lies. This creates no attorney-client relationship.


You owe it to yourself to talk to a Personal Injury lawyer with experience with professional malpractice.

Confidential information should not be disclosed in this Internet forum. I am a Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin Talking to the Police - Advice from Lawyers and Police:


Prescription errors happen all the time, and you should retain a local lawyer to get you the compensation to which you are entitled. Good luck.

Licensed in PA & NJ. 29% Contingency Fee. Phone: 215-510-6755


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.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.



Yes, that is what I meant when I said I was not sure I would pursue this claim with a lawyer. Of course, I understand that an attorney has the experience needed for the situation I experienced. Do you take cases in Milwaukee?

Michael C. Witt

Michael C. Witt


Give my office a call and set up a time to talk on the phone about your case, and your expectations. I should be able to help you, and if not, I can try and refer you to someone who can.


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.

The information you obtain from this posting, and/or the act of sending an e-mail to this site and viewing this posting, are not intended to and will not create an attorney-client relationship. The information you obtain from this posting is not, nor is it intended to be, specific legal advice. You should consult an attorney for individual advice regarding your own particular situation. The material in this posting is not intended to be advertising, but it is instead meant it to be general information only.


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.

This communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California.


Prescription errors are a common occurence. You should contact a lawyer in your area to speak with them about your claim.

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