what kind of lawyer do i need to sue for giving me wrong prescription?

Can you sue a pharmacy for filing the wrong prescription?

In some unfortunate cases, patients unknowingly take the wrong prescription and it can cause severe damages, even death. If you have been provided the wrong prescription from your pharmacy and suffered injuries, you may be able to sue your pharmacist for filing the prescription incorrectly.

Why should I Sue my Lawyer for malpractice?

It is very frustrating to feel that an attorney you trusted has let you down. Suing for malpractice is one way for you to be compensated for wrongdoing by your lawyer.

What do I do if my Prescription is wrong?

If you or someone you love has been harmed by a wrong prescription, wrong dose, or inaccurate labeling, contact us to speak with our intake team. We can help you understand your legal rights and determine the best options possible to ensure you and your family get the help you need.

Do I have a Walgreens lawsuit for medical malpractice?

You can find out if you have a Walgreens lawsuit for medical malpractice by contacting our law firm and talking with attorney David Coyle. Walgreens is legally responsible if a pharmacist or other employee gives you or a loved one the wrong medication or the wrong dose. You can contact David using the form below.

What happens if doctor gives wrong prescription?

If your doctor prescribes you the wrong medication and it ends up causing you harm, you could have a valid claim for medical malpractice.

Who is at fault for medication errors?

A medication error may be the fault of a pharmacist. A pharmacist may misinterpret a prescription order from a doctor. They could mix up the prescriptions of two or more different patients. Or, they could make a mistake in providing the correct dosage to a patient.

Is a medication error considered malpractice?

Various types of errors by health care professionals can be considered negligence in a medical malpractice case. Some examples include: Administering the wrong medication. Administering the wrong dose of medication (i.e., too little or too much medication)

Can you sue CVS for giving you the wrong medication?

Yes, absolutely. You can sue a pharmacy for any damages resulting from receiving a different medication than the one prescribed or other error. In fact, suing a pharmacy for giving you the wrong medication, wrong dosage, or wrong instructions is important.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What must be completed if a medication error occurs?

someone else has made a medication error, you must IMMEDIATELY REPORT THE ERROR TO THE RN CM/DN AND APPROPRIATELY DOCUMENT THE ERROR. According to your agency's policy, your supervisor should also be notified.

How often do pharmacies make mistakes?

One pharmacist acknowledged making 10 to 12 errors a year — “that are caught” — in an anonymous letter to the South Carolina Board of Pharmacy. While patients cannot control what happens behind the pharmacy counter, they can be on the lookout for errors. These simple steps can help.

How common are prescription errors?

Medication errors are among the most common medical errors, harming at least 1.5 million people every year.

Can pharmacies be sued?

It is usually only possible to sue a pharmacy or doctor when there are breaches in the duty of care, negligence claims because of errors and a connected injury. The person seeking medication will usually suffer harm because of the error.

Why do doctors win in medical negligence cases?

In many cases, doctors win because it’s hard to prove to a jury or lay people (non-doctors) that the doctor or provider made a mistake, and doctors are very trusted members of our society.

How can a doctor make errors that hurt?

Ways in which your doctor could have made errors that hurt (or could kill) you include prescribing a drug for too short of a time, not giving the correct dosage, giving a drug that you’re allergic to, not taking into account side effects and/or not offering the right information or cautions on how to correctly use the drug.

What is medical negligence?

Medical negligence involves violating a medical standard of care that your doctor (or the provider) should have upheld and did not, and that led to your suffering. An expert at the same level and in the same field as your provider can help establish the standard of care involved. Ways in which your doctor could have made errors ...

What happens when you go to the doctor?

This mistaken prescription left you feeling ill and worse than before.

Can you go to court for medical malpractice?

Therefore, the case could end up with a favorable settlement and not have to go to court (usually if you hire an experienced medical malpractice lawyer). The chances of you going up against the doctor and their insurance company on your own and getting a fair settlement are not very good at all.

Do medical malpractice lawyers charge retainers?

The good news is that if a medical malpractice lawyer decides to take on your case, they won’t charge you a retainer or hourly fee. Only if you win the case will your lawyer’s fee come out of your settlement. You can relax in the knowledge that your case is in capable hands.

Is it a negligence to take the wrong medicine?

It’s not necessarily negligence if it doesn’t work out with the first antidepressant. The only time taking the wrong medicine probably ends up becoming a legal case is if it involves provider negligence.

How to avoid taking the wrong prescription?

Talk to the Pharmacist. The moment you pick up your prescription, go ahead and open the bag at the counter.

What to do if a pharmacy offers you compensation?

If the pharmacy offers you compensation, do not accept it until you consult an attorney about whether the offer is fair ; Take photographs of the incorrect prescription bottle; Do not throw away the incorrect prescription bottle; Contact a personal injury attorney to explore your rights;

How many prescriptions will be filled in 2019?

It is estimated that in 2019, 4.25 billion retail prescriptions will be filled throughout the United States in 2019. Often times, the patient notices the pharmacy had given a wrong prescription and never takes it. Other times, the patient may take the incorrect medication and it be harmless. In some unfortunate cases, patients unknowingly take ...

What happened to Walgreens in Illinois?

In 2017 in Illinois, a Plaintiff filed a wrongful death claim against Walgreens claiming that Walgreens failed to instruct her on the proper administration of a prescription resulting in the death of her son.

Did the Walgreens have a stroke?

Unfortunately, due to the fact that she was not taking her blood pressure medication, she suffered a stroke and sustained disabling injuries, including left-sided neural deficits and paralysis as a result of the stroke. The jury found Walgreens to be primarily responsible for her injuries.

Can you get counseling at a pharmacy?

Say yes to counseling. Beside giving you critical information about your medications, pharmacist-patient counseling sessions can sometimes uncover prescription errors. But customers may not realize they have a right to receive counseling before signing the form that says they received their meds at the cashier.

Can you sue a pharmacist for a wrong prescription?

In some unfortunate cases, patients unknowingly take the wrong prescription and it can cause severe damages, even death. If you have been provided the wrong prescription from your pharmacy and suffered injuries, you may be able to sue your pharmacist for filing the prescription incorrectly.

Quick Insight Into Pharmacy Mistakes

Unfortunately, the most common wrong medication mistakes aren’t for extraordinary diseases or conditions that call for rarely carried pills. No, the most common mistakes include medication for heart disease and diabetes.

The Impact and Harm from Pharmaceutical Mishaps

Taking the wrong medication can lead to all variety of unsightly side effects. While the comical example of someone taking Ritalin or another ADHD medication will have the opposite of the intended effect, it’s often the case. Typically if you’re taking medication and have no purpose in taking that medication, it will not have the intended effect.

Taking Action Against the Medical Community with a Lawrenceville Personal Injury Lawyer

Pharmaceutical mix-ups and other forms of medical malpractice put Georgia personal injury attorneys in a tight spot. With a $350,000 cap on recovery, it’s always a fight for the maximum amount possible.

Personal Injury Attorneys in GA Take on Big Companies

Taking on pharmacies isn’t like taking on the pharmaceutical companies, but often they are represented by big businesses. CVS, Walgreens, Target, and more take responsibility for the actions of their employees, but in these cases will often try to avoid having any tie to the mistake.

How much did the jury award in the case of the pharmacist?

A jury awarded $6 million when it found that a pharmacist failed to counsel a patient about the danger of simultaneously taking two drugs, methadone and tramadol, and failed to double-check the prescription with the patient’s doctor. The patient died of a toxic drug interaction (McCoy).

What drug did the jury award $6 million for?

Alleged Toxic Drug Interaction. A jury awarded $6 million when it found that a pharmacist failed to counsel a patient about the danger of simultaneously taking two drugs, methadone and tramadol, and failed to double-check the prescription with the patient’s doctor. The patient died of a toxic drug interaction (McCoy).

Is Walgreens a pharmacy?

With monthly sales in the billions, Walgreens is one of the nation’s largest pharmacy chains. Pharmacies owe patients filling prescriptions a duty of care. When that duty is breached and that breach causes harm to the patient, a pharmacy is liable for damages, meaning the pharmacy has to compensate the patient and/or the patient’s family for the resulting injuries or death. Read about pharmacist malpractice.

Andrew Daniel Myers

Prescription error is a growing legal cause of action with the replacement of the local pharmacist who knew many or most of his/her customers, with big box dispensaries run by "pharm techs" who are supposed to be supervised by a pharmacist. Errors occur more often than you would think.

Scott Patrick Distasio

I have been bringing claims against pharmacies for misfilled prescriptions such as yours for many years. Although the laws are different in each state, I do believe North Carolina law would allow you to pursue a claim for money damages.

James E. Girards

Whether you have the injuries necessary to make a lawsuit economically feasible is something that you'll need to find out as soon as you can. Really, only a trial lawyer can do this for you so I would retain one in your area as soon as possible.

What to do when a pharmacy gives you the wrong prescription?

If you have been prescribed a medication and your pharmacy has given you the wrong prescription or you are otherwise concerned about the medication or instructions, it is important to speak up right away. Any questions or deviations from the expectations of a prescription should be brought ...

What happens if a healthcare provider prescribes the wrong medication?

The healthcare provider prescribes the wrong medication. The incorrect medication is dispensed by the pharmacy to the patient. The pharmacy dispenses the incorrect dosage of medication to the patient. Patients who are prescribed the same medication regularly will likely notice if the information or pill itself has changed.

What to do if prescriptions are not what you expected?

If the shape, color, or markings is not what you expected, return to the pharmacy and ask to speak to the pharmacist.

What are the risks of pharmacy errors?

The most obvious risk of pharmacy errors is the fact that patients could take the wrong medication, or an inadequate dosage, which could result in illness or injury.

Why do pharmacies make mistakes?

The truth is that pharmacies make mistakes – sometimes purely accidental, and sometimes due to negligence. When you are prescribed or given the wrong medication, your health and wellbeing is placed at risk. Pharmacy errors occur more often than most patients would like to know.

What are the errors in pharmacy?

Pharmacy errors occur more often than most patients would like to know. Whether the error is filling the wrong prescription, inaccurately filling a pre scription, or failing to provide patients with necessary information, these errors can be detrimental to patients. So, what do you do if your pharmacy makes a mistake or gives you ...

How to win a lawsuit against an attorney for malpractice?

To win when you sue an attorney for malpractice, you need to show that: The attorney was supposed to do something. He or she didn't do it (or did it wrong) This resulted in a financial loss to you (losing the case or losing money)

What happens if an attorney violates the law?

If the attorney violated proper ethics, you can file a grievance with the ethics committee of the state bar association, which ensures all attorneys are in good standing to renew their licenses. The attorney could be disbarred or directed to pay you compensation.

What are the types of malpractice?

Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.

What to do when you hire an attorney?

When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.

Can an attorney be disbarred?

The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.

Can you sue a lawyer for negligence?

To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.

Does losing a case mean you committed malpractice?

It's important to understand that just because you lost your case, it does not mean your attorney committed malpractice. In every case, one side will win and one will lose, despite the skill and experience of the lawyers on each side.

What to think about before sueing a company?

1. Do You Have a Good Case? This may seem obvious, but you need to have a genuine legal claim or " cause of action " in order to have a court support your position .

What is the last step to take to avoid a lawsuit?

If you have done everything you can to avoid a lawsuit, then your last step is to sue the company. You need to be within the statute of limitations for your state, and you will need the company's legal business name, the name of the owner, and their contact information before you file the lawsuit.

What is the statute of limitations for a lawsuit?

Laws that place a time limit on bringing a lawsuit are called " statutes of limitations .". You do not need to handle the entire case within the statute of limitations. You will have a certain amount of time to file the lawsuit, and then the lawsuit can take whatever time the state courts determine it needs. 8.

How does a lawsuit affect your life?

A lawsuit may take a lot of time and energy, and can be emotionally draining. Remember that you might find that you have less time and energy to devote to your work, business, family, and social life for the duration of the lawsuit. The case may involve completing demand letters and paperwork, filing at the clerk's office, waiting in court until your turn to speak, and following any of the judge's orders.

What to expect when taking a case to court?

You can expect to gather evidence, have contact information for yourself and the other party, talk clearly in front of a judge or courtroom of people, and follow any court orders. Even if you do not win, taking your case to court means you must follow whatever the court decides.

Why do I get more money than I would get by suing?

From a purely practical point of view, you may receive more money that way than you would by suing, because you will have to pay attorneys' fees and other costs in connection with a lawsuit. 4.

What is a small claims court?

Each state's court system has some variation of " small claims court " or "conciliation" court, which only hears disputes in which a certain dollar amount is at issue (usually $5,000 or less).