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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16391
Experience:  Experienced Licensed Attorney
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If a pharmacist dispensed the wrong medication and it

Customer Question

If a pharmacist dispensed the wrong medication and it resulted in the death of my cat, is this negligence or malpractice? The risk manager of the pharmacy keeps calling me and wanting me to give him a monetary number for a claim so they can shut me up.....I know the law considers a pet to be property but what about the mistake?
Submitted: 2 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 2 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

I am very sorry to hear about this tragic situation and as a cat parent myself, I can only imagine what you are going through.

Unfortunately, generally, dispensing the wrong medication would be considered negligence and also can be basis for malpractice claim, however, the only legal recourse would be to file a complaint against the pharmacy and pharmacist who made the mistake, as it would be legally impossible to seek any financial compensation, beyond the replacement cost of the deceased cat.

I am very sorry to provide you with this bad news, but please nderstand that I do have professional obligation to provide JustAnswer.com customers with correct answers, even when answer is not favorable to the customer.

I wish you the best of luck and God bless you!

Customer: replied 2 months ago.
How and who do I make a complaint against the pharmacy to? I know I can report the pharmacist to the Board of Pharmacy but the pharmacy is already aware of the situation because I reported it to them and they have contacted me several times. They keep asking me for a monetary amount that will satisfy me.......
Expert:  Alex J. Esq. replied 2 months ago.

Thank you for your follow up.

What state are you in?

Did the pharmacy offer you any specific amount of money to settle the issue?

Customer: replied 2 months ago.
I am in WV. No, they keep asking me for an amount and said we'd take it from there.
Expert:  Alex J. Esq. replied 2 months ago.

Thank you for your follow up.

A formal complaint against both pharmacy and pharmacist can be filed with the WV Board of Pharmacy, because this agency does issue licenses and regulates both pharmacies and pharmacists and here is the link:

http://www.wvbop.com/forms/complaint_form.pdf

Also a complaint against pharmacy can be filed with the Office of Attorney General Consumer Protection Department at the link below:

http://www.ago.wv.gov/consumerprotection/pages/default.aspx

and with a local Better Business Bureau at www.bbb.com

I wish you the best of luck!

Expert:  Alex J. Esq. replied 2 months ago.

Please let me know if you have any related follow up questions?
If not, please positively rate and accept my answer, so I can be compensated for my work.
Thank you.

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