W
Wrong_med
Guest
What is the name of your state? new york
My doctor wrote a prescription for aciphex for my acid reflux disorder. The pharmacist gave me a bottle of pills with his label reading aciphex, but the bottle contained aricept (an alzhiemer's drug). I took the whole bottle and renewed the prescription with the same thing happening again only this time at a much higher dose as per my physician. I became very ill and suffered from severe aricept overdose symptoms, including but not limited to severe abdominal pain, diminished eyesight, etc. and was hospitalized by my physician at the recommendation of the poison control center. Aricept, in the dosage I was taking, can cause your heart to cease functioning.
I retained an attorney who contacted the pharmacist's insurance carrier approximately 6 months after the incident, before filing any legal action and I was told that the pharmacist's insurance carrier is disavowing any claim because the pharmacist never notified them of the incident. My lawyer has told me they have the right to walk away from indemnifying the phamacist and that since the corporation has very few assests, there is basically no civil case, that he (the pharmacist) is for all practical purposes judgement proof and that he (the lawyer) is dropping my case.
My question is does the insurance company have the right to ask in what range the damages are that I am seeking and then disavow the claim? The pharmacist has admitted to everything and the state board of education is presently investigating the incident, I believe, because of notification by the hospital.
Does Nerw York state law actually allow me to be seriously injured and then be injured further by the fact that the law denies me any recourse? I would appreciate any legal advice.
My doctor wrote a prescription for aciphex for my acid reflux disorder. The pharmacist gave me a bottle of pills with his label reading aciphex, but the bottle contained aricept (an alzhiemer's drug). I took the whole bottle and renewed the prescription with the same thing happening again only this time at a much higher dose as per my physician. I became very ill and suffered from severe aricept overdose symptoms, including but not limited to severe abdominal pain, diminished eyesight, etc. and was hospitalized by my physician at the recommendation of the poison control center. Aricept, in the dosage I was taking, can cause your heart to cease functioning.
I retained an attorney who contacted the pharmacist's insurance carrier approximately 6 months after the incident, before filing any legal action and I was told that the pharmacist's insurance carrier is disavowing any claim because the pharmacist never notified them of the incident. My lawyer has told me they have the right to walk away from indemnifying the phamacist and that since the corporation has very few assests, there is basically no civil case, that he (the pharmacist) is for all practical purposes judgement proof and that he (the lawyer) is dropping my case.
My question is does the insurance company have the right to ask in what range the damages are that I am seeking and then disavow the claim? The pharmacist has admitted to everything and the state board of education is presently investigating the incident, I believe, because of notification by the hospital.
Does Nerw York state law actually allow me to be seriously injured and then be injured further by the fact that the law denies me any recourse? I would appreciate any legal advice.