Legal Question in Medical Malpractice in Rhode Island
prescription
My pharmacy gave me the wrong prescription in Feb. 2003 and I have been taken it till yesterday, May 16, 2003 My Doctor was very angry at the pharmacy since this mistake has raised my blood pressure. What are my recourses. Thank You.
2 Answers from Attorneys
Re: prescription
Sorry to learn of your problem. Basically, there are two parts to making a claim: proving that someone did something wrong (was negligent) and proving that you were damaged (hurt) because of that wrong. It appears clear that the first is satisfied, although I do not know if it is the pharmacy's fault or your doctor's. Also need to learn more about the damages that resulted.
If you care to, contact me at my office - 401.351.8900 - to further discuss.
~ Bob
Re: prescription
It was clearly an error for the pharmacy to give
you the wrong medicine. You have the ability to
file a claim against the pharmacy (for which they
have insurance), but in order to prevail, you
have the burden of showing that their error
seriously harmed you. A doctor's report of the
harm caused would be necessary.
If the rise in blood pressure caused you to be at
significantly higher risk for heart attack,
stroke, etc., minimal damages could be available.
However, if the improper medication could be shown
to have damaged any vital organs, your claim would have
a more significant monetary value.
More information from you and your doctor would be
necessary to provide a more specific outline of
any potential legal action.
I hope this response is helpful to you and that you
have NOT been seriously harmed by the improper medication.