I was given a prescription for a drug and took the prescription to my regular pharmacist. I picked up the prescription the next day and started to take the medication as ordered. Two days later I was deathly sick and in the hospital. It turns out I was not given the drug I was prescribed but instead I was given one with a similar name. The drug I was actually given through my heath out of whack and I passed out. I spent one week in the hospital and am still not back to work. My wife talked to the pharmacist and he said that the handwriting on the prescription was confusing. What are my rights?
You may have a claim against the doctor and the pharmacist, however the pharmacist has the obligation to review the prescription and, if he or she cannot read it, to call the doctor’s office to confirm was was actually ordered.
Pharmacists are highly-trained professionals who know that giving the patient the wrong drug can result in very serious problems. If the wrong drug is given not only is the original problem not being treated but the wrong drug can cause problems of its own.
You need an experienced lawyer to investigate this matter for you. Under Tennessee law, this is a "health care liability action" and there are certain special rules that must be followed before suit can be filed. The Law Offices of John Day, P.C. has handled many of these claims and, in fact, my first case against a pharmacy was over twenty years ago and resulted in a decision by the Tennessee Court of Appeals that was the first of its kind in the nation. We offer free consultation in all personal injury cases, including health care liability cases, and accept cases on a no recovery,no fee basis.