I picked up medication from the pharmacy for my 12 month old child. The pharmacy put the dosing instructions on the label as 4x a day for 5 days. I ran out of meds the next day so I called the pharmacy back and explained that my child was out of meds. She put me on hold and came back and stated that it was an insurance issue.
I told her that I needed to refill it and would be there soon. She put me on hold again and came back and said that there was no way he was out of medicine already. I told her I did not live far and that I was coming up there to show her the bottle and the dropper.
When I got to the pharmacy I heard her in conversation with another employee stating that the label was incorrect. I jumped into the conversation and explained that I was his mother and asked her if she overdosed my baby. She replied “I can’t answer that”.
We had some words then she refilled the prescription the correct way and offered me a $30.00 gift card. My son only suffered what appeared to be minor side effects: thrush from too much antibiotics, stomach pain, extreme drowsiness, falling everywhere from dizziness and severe diarrhea.
The insurance adjuster contacted me offering $1,000 for compensation. What if there was more serious damage done from the overdose? Should I file a lawsuit?
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.
Before considering a lawsuit take your baby to be examined at either your local hospital’s emergency room or to your pediatrician. Considering financial gain before, and possibly in lieu of, having your child checked for liver, kidney, or other organ damage will be seen as at best selfish and at worst substantially injurious to the welfare of your child.
You also ask “What if there was more serious damage done from the overdose?”
After your child is thoroughly examined you will be in a position to know whether the pharmacy’s incorrect labeling of the dosage has damaged your child’s health. If so, after taking appropriate action to provide the necessary medical treatment for your child you can then consider the possibility of a lawsuit.
In the unfortunate event your child’s health was damaged by ingesting the incorrect dosage you should contact a personal injury attorney. Filing a lawsuit against a pharmacy without the assistance of an experienced attorney would be ill-advised. Alternatively, if your son’s health has not been damaged you really don’t appear to have the basis of a lawsuit.
Learn more here: Medication Errors
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.
Best of luck with your claim.
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