Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

Is there ANY legal recourse when a negligent Pharmsist Fills…

Customer Question
Is there ANY legal recourse...
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: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 6 minutes by:
1/20/2016
Lawyer: CalAttorney2, Attorney replied 2 years ago
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
Experience: Civil litigation attorney for individuals and businesses.
Verified

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.

Ask Your Own Legal Question
Customer reply replied 2 years 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 reply replied 2 years ago
Can you call me after 2:30 Mountain time today ?
Lawyer: CalAttorney2, Attorney replied 2 years 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

Ask Your Own Legal Question
Was this answer helpful?
Ask CalAttorney2 Your Own Question
CalAttorney2
CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10,244
10,244 Satisfied Customers
Experience: Civil litigation attorney for individuals and businesses.

CalAttorney2 is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,642 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,059 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

43,763 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

297 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

< Previous | Next >

Related Legal Questions
My personal injury attorney left the firm after my
My personal injury attorney left the firm after my settlement but did not finish the dispute with the lien for medical bills. I stayed with the firm and received an email stating I either pay this cer… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,059 satisfied customers
Background facts: A civil complaint for personal injury was
Background facts: A civil complaint for personal injury was filed against three co-defendants in Delaware federal court almost two weeks ago. They have not been served yet but I just found their physi… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
If my attorney withdraws from a personal injury case after a
If my attorney withdraws from a personal injury case after a settlement offer is made is the insurance company obligated to me the same amount as they offered the attorney who withdrew … read more
Thomas Swartz
Thomas Swartz
Attorney
Juris Doctor
2,889 satisfied customers
I'm also an attorney, but not a personal injury specialist.
Hi. I'm also an attorney, but not a personal injury specialist. I have an interesting situation. … read more
Ray
Ray
Lawyer
Doctoral Degree
32,653 satisfied customers
This is a personal injury case on my auto accident on
This is a personal injury case on my auto accident on 6/22/16. Since I cannot afford a lawyer I tried to negotiate with the Ins Co direct. Because my medical bill is only $596 he can only offer me $40… read more
Ray
Ray
Lawyer
Doctoral Degree
32,653 satisfied customers
I hired a personal injury lawyer after I was in an accident.
I hired a personal injury lawyer after I was in an accident. After gathering information he decided he could not win my case in court so he called me and sent a letter saying that he was dropping my c… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,370 satisfied customers
I am looking for a personal injury attorney for a hearing on
I am looking for a personal injury attorney for a hearing on May 31. I need a referal. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,370 satisfied customers
I have a personal injury/battery case that is very close to
I have a personal injury/battery case that is very close to the statuate of limitations and I have not yet been able to retain counsel. Is it possible to file the complaint myself pro se and then amen… read more
Edward Young
Edward Young
Juris Doctor
404 satisfied customers
My wife was involved in a personal injury recently and we
My wife was involved in a personal injury recently and we had some questions about making a case. … read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
Have possible personal injury suit against restaurant. Got
have possible personal injury suit against restaurant. Got advice previously that the manager was negligent since I am handicapped, he knew I was handicapped and he rushed me out of the restaurant whe… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,868 satisfied customers
My wife, who is a paralegal for a personal injury attorney,
My wife, who is a paralegal for a personal injury attorney, is being asked to sign an "At will employment agreement". I am not an attorney, however having been a Regional VP for a major auto company (… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
775 satisfied customers
I am looking for malpractice or personal injury lawyers in
I am looking for malpractice or personal injury lawyers in Texas to ask a question … read more
Ray
Ray
Lawyer
Doctoral Degree
32,653 satisfied customers
I have a question related to a personal injury matter, that
I have a question related to a personal injury matter, that is, please advise a fair and reasonable settlement figure for my claim for a dog bite with the insurance company of a breed-specific giant b… read more
Lori
Lori
Juris Doctor
1,375 satisfied customers
I am looking for a personal injury lawyer in the state of
I am looking for a personal injury lawyer in the state of FL. I trip and fractured my right humeral hub going into a Hilton hotel. Thank you. … read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
775 satisfied customers
My car was totaled in an accident no personal injury and it
My car was totaled in an accident no personal injury and it was fully insured, am I entitled to anything other than having the car paid up to the value? … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers
I hired an attorney for a Personal Injury Claim-Slip and
I hired an attorney for a Personal Injury Claim-Slip and Fall on July 3, 2012. My attorney has stated he has not settled passed 6 years now and calls me around every 2 years within the 6 years to sett… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
775 satisfied customers
I hired an attorney for a Personal Injury Claim- Slip and
I hired an attorney for a Personal Injury Claim- Slip and Fall on July 3, 2012. This attorney has stated he has not settled pass 6 years now and calls me around every 2 years within the 6 years to set… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,370 satisfied customers
Alright! As a pro se litigant pursuing a personal injury
Alright! As a pro se litigant pursuing a personal injury claim, is it possible to legally sue someone who has established a temporary restraining order againsy you in the State of Hawaii. Therefore, c… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
43,763 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x