What is my recourse against a pharmacy the gave me the wrong medication?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my recourse against a pharmacy the gave me the wrong medication?
I found a tablet of “Finasteride” mixed in with a prescription for Prednisone which I took while I was pregnant. The Rx was filled at national chain pharmacy. Finasteride is “Pregnancy Category X” and pregnant women should not even handle the pills. The Finasteride pills look very similar to my Rx and I don’t know how many pills I took by mistake. My baby appears to be fine but I am very upset about this. Do I have any recourse?
Asked on December 6, 2010 under Personal Injury, Maryland
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Whether you have recourse depends upon whether you or your baby were harmed. In the best case, as everyone hopes, there was no injury done; in that case, while you can always complain to the pharmacy or its national management and see if they offer you any compensation, there is nothing to sue for--without injury, there is nothing to recover and the law does not compensate for "near misses."
If there is some harm, then this may well have been a case of projessional malpractice and negligence, under which you could sue for compensation for the harm, including for any medical costs it has or will cause. In the interim, hopefully that will not happen, but make sure to keep all evidence and records in a safe place, just in case.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.