Question:

My pharmacy filled my prescription with the wrong medication.  As a result, I ended up in the hospital emergency room  where I received three IVs and a recommendation of several days bed rest to recover from hypokalemia and a kidney and bladder infection.   Do I have a claim against the pharmacy?

Answer:

When a pharmacy makes an error by “mis-filling” a prescription, and the error causes injuries to the patient, the patient can bring a claim against the pharmacy for falling below the standard of care.  The value of such a case depends on whether the resulting injuries can be directly tied to the mis-fill.  Most attorneys who practice in this area (medical malpractice) offer free initial consultations.  Also, anyone making such a claim is well served by keeping a copy of the doctor’s prescription, the original prescription bottle, and, if possible, at least one of the “mis-filled” pills.