Legal Question in Medical Malpractice in Illinois

prescription meds

what liability does the pharmacy have if a prescription is filled incorrectly.


Asked on 2/25/09, 9:38 am

4 Answers from Attorneys

Re: prescription meds

If an incorrect presription was filled and the patient suffered injury or complications due to the

pharmacists error, the pharmacist has liability. Feel free to contact me directly by email and I will call you back in order to obtain more details from you.

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Answered on 2/25/09, 9:41 am
Nima Taradji Taradji Law Offices

Re: prescription meds

A pharmacy has an obligation and the responsibility to correctly fill a prescription. It also has the responsibility to, if there is a doubt, to call the doctor and seek clarifications. It also has the responsibility to answer any questions and to convey any necessary warnings to the person for whom the drugs are being prescribed.

If the pharmacy fails in any of these, it is responsible for any damages that my result from that failure.

If you have any additional question(s) contact my office. Initial consultation with me is always free and I probably can give a better answer after having heard all the details.

I hope this helps-

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Answered on 2/25/09, 9:50 am
Spencer Farris The S.E. Farris Law Firm

Re: prescription meds

Like all health care professionals, the first motto should be "Do no harm." If the misfilled prescription was the kind of mistake that could be made by a reasonable pharmacist, that is, he put in white aspirin when the prescription called for brown aspirin, there is likely no liability. Usually, however, misfilled prescriptions do cause harm. In those cases, an experienced trial attorney is necessary to protect your rights!

Save all receipts and documents you got with the prescription, and KEEP THE REMAINING PILLS! Even if the pharmacy wants them back, you should hang on to them until after you talk with a lawyer.

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Answered on 2/25/09, 9:55 am
Matthew Willens Willens Law Offices, P.C.

Re: prescription meds

Generally a pharmacy is liable for mis-filling a prescription. Depending on what damages the "mis-fill" caused, you may have a valid case and I would be glad to discuss your case with you at no charge.

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Answered on 2/25/09, 11:37 am


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