I went to the pharmacy to get my one year old son’s prescription. I brought it home and gave him the dosage that was on the bottle. This bottle of medicine was supposed to last him for ten days but the bottle was so small, it was not going to last for four.
I took the bottle back to the pharmacy thinking that all they needed to do was give me more. The tech asked if she can have the bottle back and said the meds were packaged wrong and the dosage was wrong. I gave my one year old son four times the amount he was suppose to have. It was suppose to be 2ml twice a day but they put 2.5 teaspoons twice a day.
Do I have a case? What kind of compensation do I ask for in a case like this?
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Just because the pharmacist made a mistake in filling your son’s prescription doesn’t necessarily mean you have the basis of a personal injury claim. People often think a doctor, pharmacist, or other medical provider who makes a mistake is automatically liable. Some people seem to salivate when they find even the smallest mistake. Their minds immediately go into “Gotcha” mode.
It doesn’t work that way. While doctors and pharmacist have a high medical standard of care, they are human. How would you feel if you were sued each time you made a mistake at your job?
It takes more than a mistake for a medical provider to become liable in a personal injury claim. While there may be no doubt in your son’s case the pharmacist made an error, for the pharmacy to be liable, the dispensing of the wrong dosage of medication must have resulted in injury.
A mistake doesn’t automatically mean the pharmacy is liable. From the facts you present your son did not sustain an injury. To be safe you should have your son medically evaluated. If he did not sustain injury, be thankful he is all right and try to move past this incident. If you want to file a complaint against the pharmacy for the error, you can contact your state’s board of pharmacy.
Learn more here: Wrong Medication Injury Lawsuits
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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