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I am inquiring about an incident involving my medicine and…

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I am inquiring about...

I am inquiring about an incident involving my medicine and the pharmacy CVS. My medicine which is a controlled substance was mixed with ibuprofen instead of all the medicine I was given more ibuprofen than my tramadol. Can I take some legal action against the store? They also said they will be investigating against the pharmacist who filled the perscription

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Florida

Lawyer's Assistant: What steps have you taken so far?

I reported it as soon as i recognize it. i took pictures of the pills

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And i also took back them back

Submitted: 1 month ago.Category: Legal
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Answered in 8 minutes by:
12/27/2017
Lawyer: Law Educator, Esq., Attorney replied 1 month ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,801
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only. Please feel free to ignore any phone service request, the expert does not send those unless asked by customer and they are sent by the site automatically.

In order to sue the pharmacy and pharmacist for malpractice, you need to prove more than just they gave you the wrong medication, you need to prove you suffered harm as a direct result. Absent proving harm suffered as a direct result, all the pharmacy is liable to do is refund your money or fix the prescription. So if you did not suffer actual harm as a result of their mistakes, you could not satisfy the damages part of the claim required to have a successful civil action in court against them as the court would have really nothing to award you.

If you have suffered some damage as a result of the improper medication, then yes, you can sue for the pain and suffering caused by taking the improper medication.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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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).

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