LawyersKey - Lawyers Key » Lawyers List » Malpractice Lawyer » pharmacy malpractice-whats the best way to recover damages?

  #1 (permalink)
: After a surgery I had 4 days ago, the pharmacy svrewed up and sent me home with the wrong prescription. I was so out of it that I didn't think to check them out too closely, I jusr took the dosages I was told to take until the pain med was gone(2 days worth). The pain pills didn't seem to help at all, so I called my doc and told him that they were gone and that I was still having pain, turns out tje pharmacy had handed me someone elses meds, tjats why I was still having so much pain. After some research I have found that this is pharmacy malpractice and is obviously a big deal, but can't find a lawyer willing to take the case because as far as we know the mistake didn't cause any permanent damage or death, so it's too small for them to mess with. Meanwhile, I am out almost $3000.00 due to this issue for a trip to the E.R. and lost wages because I didn't have the proper pain control to be able to go to work. What can I do? Small claims? A civil suit? I can't afford to just eat the extra expenses caused by the pharmacy's gross neglence, and don't think its right to just let them off the hook with no conciquences. I want them to understand that this is a big deal and that they messed up. I'm not seeking a huge payout, I just want reimbursed for the damages their neglence cost me, costs that wouldn't have occurred if they had been more careful and given me the right prescription to start with. What can I do?
The pharmacy was closed in the middle of the night and was over 100 miles from my home, so going back to them when we realized it wasn't even an option. I had the prescriptions filled in the city where the surgery took place because my home town pharmacy would have been closed by the time we got there and the Dr told me to make sure I had them filled that day. That is why I didn't go right back to the pharmacy, but rather to the local E.R. I made the pharmacy aware of the mistake the next morning and they tried to deny it and sweep it under the rug even though I have the bottle eith the wrong name and med printed on it to prove what they gave me. When that fact finally sunk in they admitted the mistake, but won't accept any blame for making the mistake.

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  #2 (permalink)
: Logic would tell you you don't have a suit when a lawyer isn't willing to take the case. There's a reason for that. The reason is you don't have damages from the pharmacy. You didn't have an allergic reaction and once you found out they gave you the wrong prescription you should have called them or went up there so they could rectify the mistake. You chose to go to the ER instead. The pharmacy isn't responsible for your mistake. Sorry, but you don't have a case.

-- It's not their fault you lived 100 miles away. That's YOUR fault. You didn't take the proper steps to rectify the situation. You could have taken it to another pharmacy near you and told them what occurred, showed them the mistake and they could have had your original prescription transferred near you the next day. Instead you went to the ER. I know it's hard to comprehend, but again the pharmacy is not responsible for anything beyond the cost of the medication. They are not responsible for the $3,000. You didn't take the proper steps to minimize the damages, which IS your responsibility. You made a big oopsie and it's not the pharmacy's fault of the oopsie. They are only responsible for fixing the prescription and refunding any money you spent on the original one for the new one. Lawyers are turning your case down for a reason! Use some common sense, please.
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  #3 (permalink)
: Go ahead and try small claims. You aren't going to recover for lost wages, but you may have a small chance at the ER bill.

The reason lawyers are not taking your case is because the case is worth, at best, your out-of-pocket ER expenses. no permanent injury or disfigurement equals no dollars. In the world of lawsuits, that is commonly termed a "pittance." That's why we have small claims.
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