Legal Question in Medical Malpractice in New York

Incorrect prescribition filled

A pharmacist refilled my 7 month old daughter's ( she has special needs) Zantac, with Zyrtec (allegery medication). This was undected for about a week, until I noticed a different odor from the medication. Do we have any legal rights? The Zantac is used because she is tube feed through her stomach. Thank you.


Asked on 6/10/03, 6:41 pm

2 Answers from Attorneys
Craig Snyder Craig J.J. Snyder, PC

Re: Incorrect prescribition filled

In order to maintain a negligence claim, you must not only prove that the pharmacist acted in a negligent manner (which is clear), but that your daughter suffered adverse effects and that the improper medication caused the adverse effects.

If you wish to further discuss this matter, you may telephone me at 877-226-5452.

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Answered on 6/12/03, 10:15 am

Re: Incorrect prescribition filled

Filling the a prescription with the wrong medication is negligence (this is a negligence case rather than a medical malpractice case because the pharmacist is not a doctor). However, you still have to show that your daughter suffered damages from the mistake. If you can do that, I think you have a strong case.

If you want to discuss this further, please feel free to call me at 212-622-7180. My office handles these type of cases on a contingency basis.

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Answered on 6/10/03, 6:46 pm


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