Legal Question in Medical Malpractice in California

pharmacy malpractice?

not sure if a case or worht pursuing, just so it doen't happen to another with more dramatic results, Yesterday pick up wife�s refill celebrex at walmart. She took last nite & today, then noticed bag and product info sheet had her name and celebrex, but bottle another patient�s name and drug named soma, only side effect so far severe headache, called walmart told pharmacy lady got wrong prescript, didn�t even ask name or anything else, she immediately said they�d been trying to call, had wrong tel # on file.


Asked on 1/29/08, 7:27 pm

3 Answers from Attorneys

Robert L. Bennett Law offices of Robert L. Bennett

Re: pharmacy malpractice?

Nice of you to be concerned for others, but there was no injury, i.e. no case (fortunately).

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Answered on 2/06/08, 2:30 pm
Clayton Lee Russakow, Ryan & Johnson

Re: pharmacy malpractice?

With a deep pocket like Wal-Mart, could be worth pursuing, for nuisance value if nothing else. This is a mistake which I'm sure they take very seriously, and which I'm sure they do not want publicized. But you are correct in your assessment that damages are nominal if anything.

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Answered on 2/04/08, 12:52 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: pharmacy malpractice?

No. Law suits require an actual and serious injury.

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Answered on 2/04/08, 1:52 pm


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