Legal Question in Medical Malpractice in Illinois

Re: prescription drugs

QUESTION:

what are a persons legal options if a pharmacist makes a mistake and fills a prescription with the wrong medication and the patient becomes aware of it after taking the medicine for a week before he discovers it

ANSWER:

If you are dispensed the incorrect medicine and as a result you sustain an injury - you are entitled to be compensated for that injury and your damages.

According to the FDA, the causes of medicine confusion are usually pharmacist error combined with physician handwriting. However, as an example, medication errors have been reported involving medications with similar sounding names and characteristics - for example: Flomax and Volmax, due to the look alike and sound alike proprietary names and similar dosage strengths.

The dosage strengths differ by one decimal point, where Flomax is available as 0.4 mg capsules and Volmax is available as 4 mg tablets.

Such similarities between Flomax and Volmax increase the potential for medication errors and when combined with sloppy handwriting and a tired, overworked pharmacist you have the potential for life-threatening illness to be untreated and serious side effects to occur from the wrong medications.

If you suspect that you have been injured you should seek medical care immediately.

Good luck,

Matt Belcher