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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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Is there ANY legal recourse when a negligent Pharmsist Fills

Customer Question

Is there ANY legal recourse when a negligent Pharmsist Fills a correctly labeled Prescription Bottle with the wrong medication, whice is a controlled substance. If I had been stopped by Police Id have been arrested, and the wrong drug would have caused a positive result for Methanphetamine.!! I am positive he had made a similar mistake a couple times before filling entire amount wrong by counting out both drugs at the same time . Only previous times just a few pills had been mixed up, similar in color both round. I have tested Positive a couple times when picking up my presriptions. Having no explaination , My doctor has terminated my Pain contract. I was devastated, until filling the last set of prescriptions she would write for me Friday . Late Saturday while in the grocery store of the Pharmacy I was called over, the pharmacist told me what he did , said it was all on him, and that the controlled substance was the equivalent to Methanphetimine , he wanted to secretly trade back, and his supervisoron vacation shouldn't be told. when finding out My doctor had dropped me , he then also told me they could no longer be my pharmacy ! IM HUMILIATED< AND FURIOUS !!! can I at least make him own up to this ? Ive been taking these pain relievers, and Ritilan for well over 8 yrs due to a burst spineal Injury, NOW, this small town thinks I'm a Junkie, and I'm withougt a doctor !!!
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

This is a significant issue! The pharmacist is violating the Controlled Substance Act, and could be facing both civil and criminal prosecution!

Given the fact that you have suffered personal injury (we generally group claims that arise from damages to the person as "personal injury" not just broken bones and bruises), you would also have claims against him for negligence (and the pharmacy would be liable as well under the theory of "Respondeat Superior"

As these are controlled substances, they are strictly regulated and controlled. There will be records, but you do need to act quickly.

I would recommend contacting a personal injury lawyer as quickly as possible.

(also called trial attorneys)

Fortunately the majority of these attorneys will provide you with a free consultation, and many will represent you on a contingency basis (they will advance the costs of litigation and legal services in exchange for a portion of your successful settlement or judgment).

You can find local attorneys using the State and Local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

You can report a pharmacist to the DEA directly: http://www.deadiversion.usdoj.gov/tips_online.htm - but I would recommend working with your attorney to coordinate this, rather than doing so piecemeal. However, if you cannot get a lawyer right away, this is always an option for you to take independently.

Customer: replied 1 year ago.
This is not a question, but I have to run to the bus to pick up my grandson, ill get right back to you will that be ok ?
Customer: replied 1 year ago.
Can you call me after 2:30 Mountain time today ?
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer, I do not participate in the phone call program for the site, however, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions. (If you have questions about these additional services, you can contact our customer service at: http://ww2.justanswer.com/help)

If you have any follow up questions on the site, I am more than happy to help.

Best regards,

Bill

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