Legal Question in Medical Malpractice in Pennsylvania

Medications

What recourse do I have when the pharmacy gives me the wrong prescription for my wife. The prescription was for another woman with the same last name. The drug given was clonazepam (for seizures). She was getting a medicine for urining control. She had numerous side effects. I called the CVS pharmacist who did not seem concerned just bring back and they will switch the pills.


Asked on 5/28/02, 10:44 am

2 Answers from Attorneys

William Marvin Cohen, Placitella & Roth, P.C.

Re: Medications

First and foremost, your wife's medical treatment is most important. She should see her doctor, show him the prescription bottle and pills she got, explain to him exactly how many of the wrong pills she took and what happened as a result. Hopefully there will be no long-term problems.

Second, don't give the mistaken pills or bottle back to CVS. The unused pills shouldn't be reissued, and the bottle is important evidence.

Finally, once the medical issues are resolved, you can consult an attorney to see if there's a potential case. It's certainly negligence for a pharmacist to give the wrong pills, so the main issue is whether the expenses of bringing a claim are warranted.

In the Philly area, my firm handles these kind of claims and we'd be happy to discuss it further.

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Answered on 5/28/02, 10:55 am
Scott Diamond DIAMONDLAWYER

Re: Medications

I need to know where this hapened. IN any event prescribing the wrong prescription is actionable. I would need to know the long term effects of the wrong meds.

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Answered on 5/28/02, 10:59 am


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