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
Stephen Douglas Lombardi
Answered
  • 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
Peter N. Munsing
Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.