What are my rights if I was given the wrong medication by pharmacy and ended up in the hospital because of it?
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What are my rights if I was given the wrong medication by pharmacy and ended up in the hospital because of it?
The pharmacist misread the perscription and gave me blood pressure medicine instead of a diuretic. I discovered error by accident 8 days later. My fluid retention was so high that I was admitted to hospital and had to have 2 procedures to remove fluid from my abdomen and lung cavity. I was in the hospital for 5 days. Should I seek representation for medical malpractice?
Asked on August 3, 2014 under Malpractice Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
If the pharmicist misread the presciption, then most likely, he committed malpractice (i.e. was negligent in his care); alternately, it is possible the physician committed malpractice if he/she miswrote the prescription. In any event, when given the wrong medicine, it is usually the case that malpractice was committed; that malpractice may entitle you to recover any medical costs (e.g. the two procedures and the hospital stay) caused by it, plus possibly other amounts (such as lost wages; if there were lasting negative effects, "pain and suffering"). From what you write, it would be worthwhile for you to consult with a medical malpractice attorney. Note that many lawyers provide a free or reduced-price initial consultation; you can inquire into this before booking the appointment.
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