Legal Question in Medical Malpractice in Massachusetts

Re: Medical Malpractice or Negligence

The short answer is, yes, it is negligence for a pharmacist to dispense a drug that is different in any way from what is prescribed (except in the case of dispensing a generic version of what was prescribed, if the prescription does not prohibit generic substitution). The real question will be whether or not the dispensing of the stronger dose results in any significant harm to the patient. Generally speaking, cases of this sort aren't worth pursuing as a legal claim unless the patient suffers rather serious harm as a result of the pharmacist's error. It certainly is worth talking to a lawyer about.