Legal Question in Medical Malpractice in Georgia

perscripions

my son was given a perscription for 20 vicodin by his doctor when i took it to the cvs pharmacy to have it filled they gave him 90 vicodin instead of 20 like the perscription called for i called the cvs and they told me to do what i wanted to do with them or bring them back and they will give me 50.00 dollars is there any thing leaglly that can be done they act like they dont care what happened somebody could have been really hurt by giveing us the wrong amount of medication


Asked on 12/05/07, 3:26 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: perscripions

They likely will have to make a report of their shortage - generally, controlled drugs are carefully accounted for. It is unlikely they do not care - perhaps they just did not give you the answer you wanted or expected. You can always send a note to the CVS offices. Mistakes happen, and sometimes it leads to negative consequeces. However, here, the only likely way someone could be hurt is for your son to not follow the perscription or to allow someone else to take them.

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Answered on 12/05/07, 3:56 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: perscripions

No. Not really. Mistakes happen. Bring them back and get the $50 back.

There is no way to assure perfection in human performance. Malpractice cases are there for that reason, but when no one is harmed, the law considers that "no harm - no foul."

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Answered on 12/05/07, 5:00 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: perscripions

They can't be sued for damages that didn't occur.

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Answered on 12/05/07, 6:24 pm


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