Asked in Personal Injury and Medical Malpractice for North Carolina

Q: After getting a prescription filled and taking it I realized the pharmacist gave me the wrong medicine. What is my legal

2 Lawyer Answers

Stephen Douglas Lombardi

  • Medical Malpractice Lawyer
  • West Des Moines, IA

A: I have had two or three of these cases over the past 35 years of practicing personal injury law. The answer to your question is the answer to this question: What happened to you after you took the medicine? Without knowing what happened to you, if anything, there can be no way of advising about legal rights. Obviously you didn't die. But what were your signs, symptoms and need for additional medical treatment. My point is demonstrated by the two people who slip on a two-day old milk spill in a grocery store. The first is a 4 year-old child, who after running down the aisle, slippign in the milk, falling down, gets right back up and runs down the aisle. The other is an 80-year-old woman who after slipping, falls and breaks a hip. The four year old gets nothing, the octogenarian will likely get quite a bit more. The devil is in the details and we do not have enough detail to know specifically what your legal rights are. There are a lot of good personal injury and malpractice lawyers in North Carolina, I can think of one in particular in Greensboro. Great guy, plays a harmonica and he's been in practice for many many years. He gets great results. Call for a referral if one is necessary.

Peter N. Munsing

  • Medical Malpractice Lawyer
  • Wyomissing, PA

A: You only make a claim for the damages you have--not what could have happened. If you had not injuries because you caught it, you get a refund and if they are smart they'll give it to you for free.

If you took the pills but no problems, same answer.

If you took the medication, had problems, Contact a member of the NC Trial Lawyers Assn--they give free consults.

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