Legal Question in Medical Malpractice in New York

Re: Pharmacy mistake

It sounds like you have a case against the pharmacy. I think my firm worked on a similar case recently. We handle these cases on a contingency basis so please feel free to contact me if you wish to go forward.

Re: Pharmacy mistake

It appears, from what you stated, that there is a negligence case against the pharmacy and we have handled several of these. Of course, there has to be a thorough investigation. Please call me if you would like to discuss further.

Re: Pharmacy mistake

Yes, she can sue for the pharmacist's negligence.

But also be aware that NY is a comparative negligence state, and a judge or jury could attribute some fault to your mother if the facts support it.

This is not to discourage you, but more to play devil's advocate so you can be aware of how a case like this might be defended. If your mother saw and has the actual prescription from the doctor, and read the prescribed dosage, and the pharmacist gave her a box and a bottle each labeled with the incorrect dosage, they may try to argue that she knew or should have known she was given the wrong thing and should have stopped immediately and gone to have it corrected.

Quite frankly, if a pharmacist gives me something, I don't double check all the labels - I trust he or she gave me the correct item. If jurors think like I do, then your mom's case would be in good shape.

But see a lawyer about this right away, especially from a standpoint of accumulating and preserving evidence, and also because statutes of limitation for malpractice cases are shorter.

Also, make sure the doctor did not call in or write down the wrong dose. The pharmacist was probably just obeying the doctor's orders, so make sure you will be suing the correct party. Also see what literature the pharmaceutical company that made the lithium gave out with its product to pharmacists. It may show that the dose given would have never been acceptable to even a 7 foot tall, 400 pound man. It's worth looking into.