If I was given the wrong medicine by the drugstore and suffered side affects, what are my are my legal rights?

Question Details:I went to a local drugstore and had a prescription filled. 3 days later I was given the wrong medicine. I suffered side effects. I had to go back and forth to my primary doctor and was later on being rushed to the ER.

Asked 3 years ago under Medical Malpractice | 2148 Views | More Legal Topics

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S.L,. Member, California Bar | FreeAdvice Contributing Attorney Answered 3 years ago

You can file a lawsuit for negligence against the drugstore.  The medical reports from your doctor and hospital documenting the nature and extent of your injury will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.

Prior to filing a lawsuit for negligence against the drugstore, contact the insurance carrier for the drugstore to determine whether a settlement can be reached based on your medical reports and medical bills from this incident.  Include any lost wages due to this incident.

If you are dissatisfied with the settlement offer(s) from the insurance carrier for the drugstore, then file your lawsuit for negligence against the drugstore.

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