Do I need an attorney if I was given the wrong prescription medication? 30 Answers as of June 26, 2013

I was given another persons medication and took two of the pills. No medical attention needed. Do I need a lawyer? I have pics of bottle and pills. I picked medication up at noon they called me at 7:30 at night. I took two of the pills but did not need medical attention and they just made me sleep and it felt really weird. The next day I did not take my pain medication until sunday due to being very afraid of medication because I am allergic to sulfa. They have sent me paper work to fill out but have not returned it yet. Should I talk to a lawyer before returning paper work? Also they gave me right paper work and wrong bottle of medication.

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A. Daniel Woska & Associates, P.C.
A. Daniel Woska & Associates, P.C. | Dan Woska
Contact an attorney before you sign anything or agree to anything with the pharmacy. The filling and provision of the wrong prescription to a customer is a very serious matter and thank goodness, you did not have an adverse reaction to the medication.
Answer Applies to: Oklahoma
Replied: 8/23/2011
Kirshner & Groff
Kirshner & Groff | Richard M. Kirshner
No. If no damages not much of a claim
Answer Applies to: Florida
Replied: 8/23/2011
Wilson & Hajek, LLC
Wilson & Hajek, LLC | Eddie W. Wilson
It doesn't sound as if you have injuries that would warrant a lawsuit.
Answer Applies to: Virginia
Replied: 8/22/2011
David Hoines Law
David Hoines Law | David Hoines
No harm, no claim.
Answer Applies to: Florida
Replied: 8/22/2011
Law Office of Mark J. Leonardo
Law Office of Mark J. Leonardo | Mark Leonardo
You can sue the pharmacy, but it sounds like your damages are really minimal. I had a case just like this a year ago and the client got really sick and had to be rushed by ambulance to the hospital and had an overnight stay there. Thus, he had tangible evidence of damages. You might consider making a written request for compensation for the events you went through due to the pharmacys negligence. Of course you can have an attorney look over the papers they gave you. But this is not a case an attorney would likely take on contingency because the damages are minimal. p and it felt really weird. The next day I did not take my pain medication until sunday due to being very afraid of medication because I am allergic to sulfa. They have sent me paper work to fill out but have not returned it yet. Should I talk to a lawyer before returning paper work? Also they gave me right paper work and wrong bottle of medication.
Answer Applies to: California
Replied: 8/22/2011
    David F. Stoddard
    David F. Stoddard | David F. Stoddard
    If you suffered no significant harm, I do not think you need an attorney.
    Answer Applies to: South Carolina
    Replied: 8/21/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you didnt suffer damages, then a lawyer is unnecessary.
    Answer Applies to: Michigan
    Replied: 8/20/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    You might wait a while before you sign anything. You may develop symptoms later. Also, you should do some research on the drug, and you should call your doctor immediately and ask if there is any cause for concern. If there is, then yes, you should call an attorney.
    Answer Applies to: Missouri
    Replied: 8/20/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    If there is no permanent injury then there is no case.
    Answer Applies to: Florida
    Replied: 8/20/2011
    R. D. Kelly Law Firm, P.L.L.C.
    R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
    You should probably speak with a personal injury attorney to discuss the particular details of your unique circumstances. They probably owe you some money, although it might not be a huge amount. It would probably be worthwhile to call a lawyer.
    Answer Applies to: Washington
    Replied: 8/20/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    If you are basically okay then it's probably not worth pursuing with a lawyer.
    Answer Applies to: New York
    Replied: 8/19/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    As it stands now, there is no case here since there does not appear damage. Follow up with all your medical care to make sure there is nothing wrong but it appears you lucked out.
    Answer Applies to: Pennsylvania
    Replied: 8/20/2011
    Oliver Law Office
    Oliver Law Office | Jami Oliver
    Even though you were not injured, you may want to consult with an attorney before completing their paperwork or returning the wrong drugs to them. That is a very serious error which could cause serious injury or death. A lawyer who handles these types of negligence claims may be able to get you to the correct authorities for a more thorough investigation to prevent it from happening again. You may also want to consult with your own doctor about whether the erroneous drug had any side effects or whether it could stay in your body longer and interact with other medications.
    Answer Applies to: Ohio
    Replied: 8/19/2011
    Craig Kelley & Faultless
    Craig Kelley & Faultless | David W. Craig
    You do not necessarily need an attorney since you were not injured by the pharmacy's mistake. However you should put something in writing to the store so that there is a record of its mistake. Hopefully the pharmacy will attempt to avoid a similar mistake in the future. However if they don't and someone is injured or killed it would be helpful to that person or the family to see that there were claims made in the past. If you would prefer to use a lawyer, you would probably be able to find one who would help even though the claim will be small.
    Answer Applies to: Indiana
    Replied: 8/19/2011
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    There is no viable claim. You weren't injured.
    Answer Applies to: Montana
    Replied: 8/19/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    That is a personal rather than a legal decision.
    Answer Applies to: Connecticut
    Replied: 6/26/2013
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    Because you weren't damaged by taking the wrong medication you probably would not be entitled to any damages, especially in Texas.
    Answer Applies to: Texas
    Replied: 8/19/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you suffered no adverse reactions from the medications, then there are no damages. I have handled two claims against pharmacies in the last couple of years for filling the prescription with the wrong medication, but in both of those two cases the clients suffered significant enough illness to at least see a doctor, and the other one required hospitalization. Mistakes happen, but if you were not injured, and did not see a doctor, there would be no claim to pursue.
    Answer Applies to: Florida
    Replied: 8/19/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    You may consult with a medical malpractice attorney if you like. However, it seems that your injuries, if any, from taking the wrong medication are minimal to none.
    Answer Applies to: Indiana
    Replied: 8/19/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    Unless you were damaged by taking the wrong pills you will not have a cause of action. While it appears that the pharmacy may have been negligent, that negligence must cause you some harm in order for you to have a viable lawsuit.
    Answer Applies to: Louisiana
    Replied: 8/19/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    Unfortunately, this scenario is more common than you might think. Clearly the pharmacist was negligent in giving you the wrong medication, you were very fortunate that your health was not jeopardized. The fact that you felt the unfamiliar effects of the medication and that you were afraid to take your meds later (thus suffering through some pain?) may make you eligible to collect some minimal damages due to the pharmacist's negligence. However, since you were not physically injured and suffered some minor emotional trauma your case is probably not worth a lot of money. I always encourage people to consult with a lawyer in person on their cases because I seldom get all of the facts from one of these emails. Additionally, if you are in Oregon, your case may be worth filing a lawsuit under ORS 20.080. These lawsuits for $7,500 or under ($10,000 after January 1, 2012) are handy because if the lawyer beats the defendant's initial offer after filing the lawsuit then the defendant will have to pay the attorney fees on the case, saving you 1/3 or more of the award.
    Answer Applies to: Oregon
    Replied: 8/19/2011
    Cary J. Wintroub & Associates
    Cary J. Wintroub & Associates | Cary J. Wintroub
    Two components to a personal injury claim the first liability and the second is damages. Based on facts presented there sounds like liability . As to damages the injuries if any seem minimal for which no disclosed medical attention was had. It is probably not worth involving a lawyer in this matter. Thanks.
    Answer Applies to: Illinois
    Replied: 8/19/2011
    Law Offices of Richard Copeland, LLC
    Law Offices of Richard Copeland, LLC | Richard Copeland
    Just be glad nothing serious happened and let it go. You don't have any real damages, and you are not going to find a lawyer willing to take your case. Just be thankful that you're fine and equally thankful you don't need a lawyer.
    Answer Applies to: Colorado
    Replied: 8/19/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    I am handling a case like this now. However, you were lucky that it was caught so soon and while you experienced some discomfort, it does not appear your damages are large enough to warrant a law suit. You should try to get whatever you can from the pharmacy or its insurance company as compensation. I cannot comment on the papers you refer to as you did not say what information they seek.
    Answer Applies to: New York
    Replied: 8/19/2011
    The Law Office of Stephen R. Chesley, LLC
    The Law Office of Stephen R. Chesley, LLC | Stephen R. Chesley
    You would need a lawyer if you were going to file a claim against the pharmacy. However, even though it appears that something was done wrong, the big question is as a result of this, how were you harmed? From what you have written, you were not injured as a result of the mistaken medicine.
    Answer Applies to: New York
    Replied: 8/19/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    You are fortunate that you did not suffer any injury. If your family doctor confirms that you will suffer no ill effects, then I do not see any case as you have no injury.
    Answer Applies to: Virginia
    Replied: 8/19/2011
    Shaw Law Firm
    Shaw Law Firm | Steven L. Shaw
    Probably not. If the medication didn't cause you any serious medical issues, then you have not really been damaged. The potential to be hurt isn't enough to make a claim against a medical provider.
    Answer Applies to: Washington
    Replied: 8/19/2011
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