Legal Question in Health Care Law in Texas
Prescription label
I would like to ask that if my pharmacy did NOT list what the prescription was on the label of my prescription can I sue? It tell the dosage but DOES not say at all what the drug is. I feel it was an oversight, but still potentially dangerous to NOT label what the medication is and could cause me problems is if it was found on my possession not labeled.
Thank you.
1 Answer from Attorneys
Re: Prescription label
It could certainly be dangerous to not label a prescription properly as is required by the FDA. Whether it is negligent or not depends on the facts. In order to sue someone for negligence in Texas, you must have three things: a failure to do something (a breach of a duty), that failure caused injury to you (causation) and an injury (damages). Without a injury or causation, there is no case for negligence.
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