Walgreens filled a medication in your name but had the worng medicine in it. This happened to a patient of mine, but I always find that as long as no wrong occurred then nothing happens. My patient seemed fine despite taking the wrong medicines for the last three weeks. Serious answeres please .
2006-11-09 14:30:15 · 9 answers · asked by nene 3 in Politics & Government ➔ Law & Ethics
I'm sure you could file a complaint with the pharmacist board or something but no damages = no suit.
2006-11-09 15:12:08 · answer #1 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
In order to win a lawsuit, you need to prove there was negligence. The four parts are: a duty owed from one party to the other (in this case, the duty to correctly fill the prescription), that that duty was breached (it was be filling the wrong prescription), some damages occurred (which doesn't seem to be the case) and that there is a way to compensate for that damage (whether it be completing a contract, paying money, etc).
If there are no damages (it did not harm the patient in any way apparently), then there is no negligence. So, a lawsuit is doubtful. Your patient could still sue anyway and hope to collect a settlement (which would probably happen to avoid the bad publicity). I would rather suggest other than suing, to file a complaint with the state, in case it happens again (and the patient isn't as fortunate).
2006-11-09 22:39:15 · answer #2 · answered by jerry 5 · 0⤊ 0⤋
I just read online about a woman that sued Walgreens for giving her the wrong medication (Klonopin) for several months which she took the entire time. She only sued after she fell and hurt herself. They didn't say how it ended.
One website says that the only way you would have a claim is if the person took the medication and then suffered an injury as a result. They recommended contacting the state Board of Pharmacy and filing a complaint. They will look into it and see if that pharmacist has a history of making mistakes and they may lose their license.
2006-11-09 23:37:25 · answer #3 · answered by Pico 7 · 0⤊ 0⤋
sure you can but if noothing haooened the it will be looked at as no harm no foul,but the patient and your offie should contact the head of walgreens and the better business burue(?),you may also wish to have the patient contact the atttourney general for your state so it is on record and by no means return the med. until these people have been contacted it's alittle thing called proof but let the pharmasist know of the mistake,pharmasist love to tell you to bring in the wrong meds. and they will fix,they also will have your evidence if anyting should go wrong ,some meds can take days before you have a raction and without the meds.in had it may be hard to prove were you got the wrong ones.
2006-11-09 22:40:48 · answer #4 · answered by meatmane8 1 · 0⤊ 0⤋
Mistakes happen...no harm done this time.
So it is a non issue. Why be litigous...your a doctor and people who live in glass houses should not throw stones....Of course a lawyer would tell you otherwise...it is his livlihood but he'd be a lousy lawyer in need of work. If I were a judge or juror...you would get nowhere with me on this. However, as a doctor I don't understand your interest unless you are afraid the pharmacy will point the finger at you. I did not go out and sue my doctor because he gave me the wrong milligrams on refills. The patient's have to take SOME responsibility. It is called checks and balances. I am so sick of people with dollar signs in their eyes.
2006-11-09 22:32:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
this is not a little mistake. And should not be treated as one. Ths is a pharmacy screwing up. Sure she was fine this time but, who knows about the next person who they do the same thign too. Yes, as long as you still have at least one pill and that medicine bottle it can be a lawsuit.....
2006-11-09 22:33:58 · answer #6 · answered by Anonymous · 0⤊ 0⤋
There generally have to be actual damages for something like this to prevail in court. However, you could report the mistake to the pharmacist licensing board in your state, which may take action against him.
2006-11-09 22:44:35 · answer #7 · answered by James 7 · 0⤊ 0⤋
The case is weak as no damage occured. It is wise not to sue. It is a wastage of time and expenditure. Even if you sue I will not be surprised if this case is dismissed.
2006-11-09 22:58:07 · answer #8 · answered by rams 4 · 0⤊ 0⤋
Yes, I know someone that actually sued Walgreens for this exactly and won.
2006-11-09 22:39:55 · answer #9 · answered by I don't get it 2 · 0⤊ 0⤋