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Can I sue my pharmacy ?

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DanCa Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 12:21 PM
Original message
Can I sue my pharmacy ?
Hey all I am sorry I haven't been posting much but i have had a hellish forty eight hours. Remember Friday when I said i was punchy and and my hands werent working right it turns out my drugist put double the amount of medicine into my miraprex perscription than what it said in my bottle. While I slept most of the day away Saturday when I finally woke up I had spider shadows infront of my eyes and floaters. The E.R. give me some drops and an eye patch but am still weak as a kitten and mad as hell. I was wondering if i can sue. Let me know if I i have grounds and how to get the ball rolling.
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ET Awful Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 12:55 PM
Response to Original message
1. I'm not an attorney, but having worked as a paralegal for a while,
it sounds like there might be several possible causes of action. However, absent any actual damages, it may not be worth pursuing.

But, I'm not an expert, consult an attorney.
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prolesunited Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 01:21 PM
Response to Reply #1
4. There were actual damages
He suffered and is still having problems and had to visit the E.R. Also, there might be a state regulatory agency where you can report this. Another accident by this pharmicist could KILL the next person.

Also, can you switch to a different place. I wouldn't trust them again. Is this independent/local or a big box chain?
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ET Awful Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 02:52 PM
Response to Reply #4
5. As I said, there are causes of action, BUT, without actual damages
(as in damages that are calculable and provable in a court of law), most attorneys wouldn't take the case. That's why I said to contact an attorney.

I've handled cases very similar in which a pharmacist distributed not just the wrong dosage, but an entirely different medication. It went to trial. No damages were awarded. Why? Because the plaintiff had been taking the same medication for quite some time, noticed that this prescription looked different than his prior ones, and still took the medication. The only penalty was a reprimand from the state regulatory agencies in California. (this took place while I worked for a firm practicing mainly medical malpractice work in Bakersfield, California).

Consult an attorney, not a message board.
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Heidi Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 12:58 PM
Response to Original message
2. Please talk to an attorney, DanCa.
Edited on Sun Dec-11-05 01:00 PM by Heidi
I'm glad you're back, my friend. I'm sure SeattleGirl will show up soon enough to spank you for no particular reason, too. :hug: :loveya:

Good vibes to you for fewer health catastrophies, too.
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DanCa Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 01:02 PM
Response to Reply #2
3. Tell mistress sg i missed the communion waffer at mass :(
thanks heidi ill try to check in at nighthawks. :loveya:
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obxhead Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 03:27 PM
Response to Original message
6. Never return to that store again...
especially if you are considering a lawsuit. Records of you continuing to shop there would look bad during the suit.
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In_The_Wind Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 03:29 PM
Response to Original message
7. Speak to an attorney!
Welcome back!
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LisaL Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Dec-11-05 03:52 PM
Response to Original message
8. You can call a lawyer and talk to them.
But I don't see it going anywhere either. You need to have actual serious damage for the lawyer to take the case. Like, if your vision was damaged from it, etc. But the lawyer would tell you whether the case is worth pursuing. The consultation is free anyway, and if they take on the case, you don't pay unless you get the money.
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