If you were given the wrong medication/prescription by a pharmacy and suffered harm as a result, you could have a personal injury or malpractice claim against that pharmacy. The negligence here typically involves giving you someone else’s pill bottle or filling your pill bottle with the wrong medication.
Pharmacies may defend this claim by arguing you were also at fault for not realizing the medication you were given was the wrong one. This is called a comparative negligence argument. In states like Pennsylvania and New Jersey any verdict in your favor would be reduced by the amount you were found to be comparatively negligent. So, if you are found to be 30% negligent your award will be reduced by 30%. If you are found to be over 50% negligent then you cannot recover on your claim.
How likely it is that a jury or other fact finder will find that you are comparatively negligent will depend on the facts of your case. One factor is whether this was the first time you obtained the prescription medication. If you are unfamiliar with the medication and what it looks like, it is less likely you would know that you were given the wrong medication. Another factor is if you were given the pill bottle with someone else’s name on it and whether you should have noticed that. A third factor is if you were given a pill bottle with your name on it but filled with the wrong medication. Here it is less likely you would know that you received the wrong prescription, especially if the medication in the bottle looks similar to the medication you regularly take.
An additional factor could be how long you were taking the medication before suffering adverse effects from it. If the effects were immediate, it would not give you much time to discover that you were given the wrong medication at your pharmacy.
How do you prove negligence against the pharmacy in this scenario? Making sure you preserve the pill bottle with the wrong medication is important. Records from the doctor who prescribed you the medication you were supposed to receive are also important. It will also be helpful to have a record of your purchase of the medication at the pharmacy. In addition to these records, your attorney may need to consult with a pharmacy expert about the negligence of the pharmacy.
There may also be negligence with the pharmacy itself and not just its employees. For example, the pharmacy may be understaffed and its employees overworked. This can create conditions where it is more difficult for the pharmacy employees to ensure they are giving customers the correct medications.
Beyond proving negligence against the pharmacy for giving you the wrong medication, you will also have to show you suffered harm from the pharmacy’s negligence. You can show this through treatment records with any hospital or doctor you saw due to the adverse effects the medication caused. Your attorney may also consult with your treating doctors or other medical experts about the harms you suffered from taking the medication the pharmacy gave you. If the effects of the medication will cause you to miss time from your work, you can show what your lost wages were and will be through tax returns and pay stubs.
If the wrong medication given to you by a pharmacy caused the death of a family member or loved one, your attorney can also prove that person’s death was related from taking the medication through medical records and consultation with medical experts.
The Thistle Law Firm is experienced at handling claims against pharmacies for giving customers the wrong medication. If you or a loved one suffered harm from a pharmacy giving you medication that was not the medication that was prescribed by your doctor, the attorneys at the Thistle Law Firm are here to take your calls and answer your questions at 215-568-6800.