Pharmacy Dispenses the Wrong Medicine

Transcript: Not long ago a caller said “The pharmacy gave me the wrong medication, instead of getting well, I got sicker, can I hold the pharmacy responsible for their mistake?”

Hi, I’m Indiana Personal Injury Attorney David Holub.

Over the years, we have helped people harmed by mistakes in filling prescriptions. In some instances, the wrong product was dispensed to the patient.

At other times, a pharmacy dispensed a medication with an ingredient to which the patient was known to be allergic.

Still other times, an incorrect dosage was dispensed to a patient. In each case, it is important to analyze whether a mistake is due to the pharmacy, or whether the mistake is due to a poorly written prescription.

Or, due to miscommunication between the physician and the pharmacist. A pharmacist has an obligation under the law to follow a doctor’s instructions in dispensing a prescription. If you have a known allergy and are harmed due to an allergic reaction, or the pharmacist harms you by giving you the wrong drug, or harms you by giving you the wrong dose, the pharmacy can be held legally responsible for harming you.

For example, if a patient is flagged as lactose intolerant, then the pharmacist needs to make certain that lactose is not contained in a drug given to the patient. Another example, if the pharmacist flags a conflict between medications being taken by a patient, the pharmacist needs to check with the doctor and protect the patient. If you or a family member have been harmed as a result of a pharmacy error, please take the time to call an attorney.

I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700.