What recourse do I have if a pharmacy filled a prescription for the wrong medication?
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What recourse do I have if a pharmacy filled a prescription for the wrong medication?
Asked on December 29, 2011 under Malpractice Law, Louisiana
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you took the wrong medication and required medical treatment, when you are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss. Your personal injury claim will include these items. Your personal injury claim should be filed with the pharmacy's insurance carrier. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills. If you are dissatisfied with settlement offers from the pharmacy's insurance carrier, reject the settlement offers and sue the pharmacy for negligence. If the case is settled with the insurance carrier, NO lawsuit is filed. If the case is NOT settled with the insurance carrier, you will need to file your lawsuit for negligence against the pharmacy prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
If you did not take the wrong medication, you won't recover much of anything because you were not injured. If that is what happened, it isn't worth filing a lawsuit.
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