Do I have a case????!
Question: I have a question...and only serious answers please! This is a legal question. I have a 12 yr old daughter who has been very sick and even in the hospital fith the flu virus along with strep for a week. She got well and then sick "again" and was prescribed an antibiotic to take for "three" weeks. I dropped off the antibiotic at CVS pharmacy ...came back and picked it up. For the next 10 days my daughter was taking this medication...then it was time for a re-fill!!! When I went back to CVS pharmacy...the Pharmacist said they had made a mistake with the first round of antibiotics and gave my daughter the wrong dosage!!! They said they couldn't read the Dr's writing!!! The dosage was too little...then they re-filled my bottle with the correct dosage which is much much more. I'm upset with this and do you think I have a case to take this further. The med's...could have been anything anf for anyone else for that matter! Thanks~
Answers: I have a question...and only serious answers please! This is a legal question. I have a 12 yr old daughter who has been very sick and even in the hospital fith the flu virus along with strep for a week. She got well and then sick "again" and was prescribed an antibiotic to take for "three" weeks. I dropped off the antibiotic at CVS pharmacy ...came back and picked it up. For the next 10 days my daughter was taking this medication...then it was time for a re-fill!!! When I went back to CVS pharmacy...the Pharmacist said they had made a mistake with the first round of antibiotics and gave my daughter the wrong dosage!!! They said they couldn't read the Dr's writing!!! The dosage was too little...then they re-filled my bottle with the correct dosage which is much much more. I'm upset with this and do you think I have a case to take this further. The med's...could have been anything anf for anyone else for that matter! Thanks~
In terms of liability, there's probably a minor case here, but you have to understand that you have to be able to prove two things. First, the mistake had to be the cause of some damage to your daughter, and second, the mistake had to occur due to negligence.
I think that having the pharmacists acknowledge that the mistake was casued because he couldn't read the prescription MIGHT be negligent, but it might not. If the pharmacist would admit that s/he couldn't read it the FIRST times/he looked at it and didnt fix the problem then and there, you have a case for negligence. If however, the pharmacist only realized the mistake when you went back for the refill, it probably wouldnt be negligence.
If your daughter suffered no lasting ill effects from the mistake, then you probably don't have enough of a case for a lawyer to become interested (most want to see the potential for at least $10000 to take the case on, unless you want to pay up front for their work.)
I would suggest that you file a complaint with the pharmacy co. Tell them that your daughter suffered unecessarily because her illness lasted longer because of their mistake, and ask them to make it right by you and your daughter. Tell them that you'll file a complaint with your state pharmacy board if they dont. Be persistent with this as the bigger co.'s get these all the time and will blow off your first contact.
Hope your daughter's feeling better
good luck,
aj
well....first of all they never should have filled it if they couldn't read the dosage, they should have contacted the doctor, that's definitely an error on their part
Thank goodness your daughter didn't get sicker while not getting the correct dosage of the medication.
While its true that the dosage was incorrect the actual medication was correct if i'm reading this right. I think you would really have to consult an attorney to see if you have a case.
I would mention this to the Doctor that prescribed them, and write a complaint letter to the pharmacy manager if you are really unhappy about it. Think it lucky that is was lesser dose than prescribed, as a higher dose could have been lethal. The pharmacist should have double checked with the prescribing Doctor if they were not sure of the specific requirements, so therfore i do feel you definately have a case to take this further. I wish your daughter well. best of luck.
Everyone is human. Everyone makes mistakes. That being said sometimes people forget that. Drs should write legibly the pharmacy should have double checked with the Dr. It doesn't make it right but it happened. I would make sure to bring this to the attention of the Dr and who ever is in charge of the pharmacy dept. If it was the pharmacist that filled the script I would ask to speak to his supervisor and ask what they intend to do to make sure this kind of thing does not happen again.
Yes I would be pissed off but if no harm came to my child I wouldn't take it any further than reporting it to the Dr and supervisor. But thats just me. If you do take it further be prepared for higher co-pays and medical bills all around. Lawsuits over stuff like this is what drives the costs up.
It's really irresponsible for them to make such a mistake.
Considering the situation. Antibiotics arent medication people should mess with . If your daughter had gotten the correct dosage she might have gotten better sooner.
I think you have a case.
Be careful with those antibiotics if the correct dosage is not administered it can cause complications.
Good luck and take care hope your daughter feels better soon.
I can't blame um. Some doctors it happend to me once for my attitude level gave me the wrong pills. I'm on a medication that actually makes me wanna fall asleep my Mom, and her boyfriend who has kidney disease said that I have to drink a lot of water because if I don't I will get dehigrated by my medication.
Well first off I