• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Pharmacist gave me someone else's pills...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Serathar

Registered User
New Hampshire (only U.S. law)?

A few weeks ago I had been having trouble breathing and getting really dizzy so I went to the doctor and discovered I had a sinus AND an ear infection. He prescribed me an antibiotic so I went to Riteaid and picked it up and took it for 2 weeks. The entire time I felt like I was getting worse, I was extremely tired, and I started getting panic attacks (something I hadn't experienced for months). So I called the doctor and asked what was up. Turns out they gave me the wrong prescription. The pharmacist gave me some other guy named Thomas Cunninghams's pills that were a substitute for zoloft. So for 2 weeks I was taking some anti depressant instead of what I needed to get better. I went back and traded it in for what I was suppose to get, it even had the old date on it. They had it there the whole time and all they said was sorry.

I want to take legal action for the misery I experienced for 2 weeks. However I don't know where to start, I am a simple massage therapy student. I spoke with a lawyer and he said the damages aren't extensive enough to bother with getting a lawyer but I should be able to get around $1500-$2000? I'm working on getting my doctor to sign something so I have proof in the court room but I don't know who or how to actually sue Rite Aid? Is this small claims or something else?
 


HomeGuru

Senior Member
New Hampshire (only U.S. law)?

A few weeks ago I had been having trouble breathing and getting really dizzy so I went to the doctor and discovered I had a sinus AND an ear infection. He prescribed me an antibiotic so I went to Riteaid and picked it up and took it for 2 weeks. The entire time I felt like I was getting worse, I was extremely tired, and I started getting panic attacks (something I hadn't experienced for months). So I called the doctor and asked what was up. Turns out they gave me the wrong prescription. The pharmacist gave me some other guy named Thomas Cunninghams's pills that were a substitute for zoloft. So for 2 weeks I was taking some anti depressant instead of what I needed to get better. I went back and traded it in for what I was suppose to get, it even had the old date on it. They had it there the whole time and all they said was sorry.

I want to take legal action for the misery I experienced for 2 weeks. However I don't know where to start, I am a simple massage therapy student. I spoke with a lawyer and he said the damages aren't extensive enough to bother with getting a lawyer but I should be able to get around $1500-$2000? I'm working on getting my doctor to sign something so I have proof in the court room but I don't know who or how to actually sue Rite Aid? Is this small claims or something else?
**A: whose name was on the pill bottle and was the product in a generic container or from the drug company with the name of the drug on the container?
 

Serathar

Registered User
It was a rite aid container. The name on the container was Thomas Cunningham... my name is Nathan.
 

asiny

Senior Member
It was a rite aid container. The name on the container was Thomas Cunningham... my name is Nathan.
Did you read the container to check the name, doctors name, medication or how many to take- which is all written on the container?
 

sandyclaus

Senior Member
New Hampshire (only U.S. law)?

A few weeks ago I had been having trouble breathing and getting really dizzy so I went to the doctor and discovered I had a sinus AND an ear infection. He prescribed me an antibiotic so I went to Riteaid and picked it up and took it for 2 weeks. The entire time I felt like I was getting worse, I was extremely tired, and I started getting panic attacks (something I hadn't experienced for months). So I called the doctor and asked what was up. Turns out they gave me the wrong prescription. The pharmacist gave me some other guy named Thomas Cunninghams's pills that were a substitute for zoloft. So for 2 weeks I was taking some anti depressant instead of what I needed to get better. I went back and traded it in for what I was suppose to get, it even had the old date on it. They had it there the whole time and all they said was sorry.

I want to take legal action for the misery I experienced for 2 weeks. However I don't know where to start, I am a simple massage therapy student. I spoke with a lawyer and he said the damages aren't extensive enough to bother with getting a lawyer but I should be able to get around $1500-$2000? I'm working on getting my doctor to sign something so I have proof in the court room but I don't know who or how to actually sue Rite Aid? Is this small claims or something else?
There are a couple of problems with suing here.

Yes, it is the pharmacist's responsibility to check the prescription and verify the correct medication and recipient when dispensing. You could probably submit a formal complaint to the local Board of Pharmacy about this issue and they will take the appropriate action against the pharmacy.

However, it is also YOUR responsibility to read the bottle and understand the directions given with regard to the medication being dispensed. As you said, the patient's name on the bottle clearly said "Thomas Cunningham" and not "Nathan (whatever your last name is)". You had a duty to mitigate your damages, which would have been easily accomplished by simply READING THE PRESCRIPTION LABEL. You would have seen that the intended recipient of the medication was NOT you, and that alone would have caused just about anyone else to immediately return the prescription to ensure that no other mistakes were made.

Yes, the pharmacy screwed up by giving you someone else's medication. But had you actually read the label and not just mindlessly taken the medication without checking, you could have saved yourself a lot of trouble, and reduced any risks from taking the wrong medication. You have to take some responsibility here.

Separate from any action that the Board of Pharmacy might take if/when you report the incident, I don't really see any further damages you would be entitled to that could have been prevented by you early on.
 

ecmst12

Senior Member
Mixups happen even though they shouldn't, but it's still your responsibility to look at the bottle and read the label before you put ANY medication into your body!
 

Serathar

Registered User
I thought Thomas was the name of the pharmacist, seeing as how he was male. It is their job to give me the correct medication. What if they gave me something horrible like heart or alzheimer pills? They failed to do their job and I suffered for it.

I WILL get compensation for this. Mark my words. I refuse to be a victim of society any more.
 

HomeGuru

Senior Member
I thought Thomas was the name of the pharmacist, seeing as how he was male. It is their job to give me the correct medication. What if they gave me something horrible like heart or alzheimer pills? They failed to do their job and I suffered for it.

I WILL get compensation for this. Mark my words. I refuse to be a victim of society any more.
**A: oh brother, yes you need to sue others, as it is obvious the drugs you were taking prior to this pharmacy incident has affected your thought process.
 

swalsh411

Senior Member
"Victim of society"? Puleeeeeeze.

If you're smart enough to be picking up your own pills you should be smart enough to read a prescription label. If you're not then maybe somebody who wears big boy parts and can read should manage your affairs.

You have no damages. You cannot sue for something that might have happened. You have not won the lawsuit lottery and no attorney will waste his time with you.
 

sandyclaus

Senior Member
I thought Thomas was the name of the pharmacist, seeing as how he was male. It is their job to give me the correct medication. What if they gave me something horrible like heart or alzheimer pills? They failed to do their job and I suffered for it.

I WILL get compensation for this. Mark my words. I refuse to be a victim of society any more.
Sadly enough, the only victim here is YOU. Of your own actions. If they gave you any other medication, the advice would be the same.

Two words I have for you here - "PERSONAL RESPONSIBILITY". Own them, and you will see why you have no case for compensation here.
 

sandyclaus

Senior Member
I like this thread.
I think it's a perfect example of the litigious society we live in. No one takes personal responsibility anymore. Everyone is looking to the legal system to right some perceived wrongs and make a fast buck.

Sure, anyone can sue anyone for anything. Whether or not they win depends on the actual circumstances of the case and whether or not there is a factual basis in their claim for damages.

I think we have made it clear to OP what they did wrong here in order to damage their own case. Too bad they are being narrow-minded and looking for that "lawsuit lottery" just beyond their legal reach.:rolleyes::rolleyes::rolleyes:
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top