My pharmacist put the wrong pills in my prescription bottle. Is Pharmacist Error grounds for a law suit?
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Question: I recently refilled a prescription at my local pharmacy. When I got home and opened the bottle, I noticed that the pills looked different than usual. All of the information on the bottle was identical to my prior prescription. When I called the pharmacy, they asked me to bring the prescription back so they could look at it. It turned out that the pharmacist had put the wrong pills in the bottle. Is this a medical malpractice or personal injury case?

Answers (1)
There are approximately four billion prescriptions filled each year. While errors or mistakes made by pharmacies are quite serious, very few tend to be life threatening. Medical malpractice most often applies to mistakes the doctors make in performance of their duty. However, if the pharmacist dispenses the wrong medication or in the wrong dosage, this may constitute medical malpractice.
In order to be successful in a personal injury or medical malpractice lawsuit, the plaintiff has to prove that harm was done. Fortunately, in your case you discovered the mistake before any serious injury occurred. That doesn’t mean that you shouldn’t report the error. You should file a report with your State Board of Pharmacy. They are the state agency responsible for the licensure and discipline of both pharmacists and pharmacies.
Posted by Linda Adams on 21 Jan 2010
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