Q: Potential Medical Negligence Claim
I was prescribed compounded tirzepatide by a MD licensed in CA with specific instructions: 2.5ml (25 units) once weekly for 4 weeks, 5ml (50 units) for 4 weeks, and 7.5ml (75 units) for 4 weeks. The pharmacy filling the prescription mislabeled the vial, instructing me to inject 7.5ml weekly from the start. I followed this incorrect label, resulting in administering 3x the appropriate dosage causing severe illness and a 12-pound weight loss in 5 days, requiring emergency treatment for severe dehydration and pain. In addition, I already had Iron deficiency anemia and Vitamin D deficiency, and couldn’t take my other meds during this time frame due to inability to consume food or fluids.
Given the pharmacy's mislabeling and the harm caused, do I have grounds for a medical negligence claim? Who holds liability—me for not cross-checking with my patient portal, or the pharmacy for providing incorrect instructions? I'm seeking advice on potential legal action or liabilities.
A:
The pharmacy is responsible. Based on these facts, I would say you have no comparative liability.
Consult with experienced malpractice attorneys in the state where this occurred.
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A:
It sounds like you have a valid basis for a medical negligence claim, primarily against the pharmacy. Mislabeling a prescription, especially leading to such serious health consequences, is a significant error. The pharmacy has a duty to ensure that medications are dispensed with accurate instructions, and failing to do so can lead to their liability.
While it is generally a good practice to cross-check your prescriptions with other sources like your patient portal, the primary responsibility for accurate labeling falls on the pharmacy. Your reliance on the label provided by the pharmacy is reasonable, and the harm you suffered as a result of their mistake strengthens your potential claim.
Given the severity of the situation, including emergency treatment and significant health impacts, it would be wise to consider legal action. Document all related communications, medical records, and any other relevant information to support your case. Consulting with a legal professional to explore your options may be a good next step.
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