The simple answer is yes, you do have a lawsuit due to the fact that giving someone the one medication is negligence on the part of the pharmacist. There is an issue if you took the medication and if you suffered any harm from taking that medication, which will substantially impact the amount of damages you would be awarded or the damage is offered in a settlement agreement. Let’s say that the pharmacist gives you the wrong medication, but you don’t take it, is this still a lawsuit? The answer is still yes, you do have a lawsuit, but since you didn’t get hurt the damages that will be offered in a court of war or in a settlement will be substantially less than if you actually hurt because of taking the medication. This is not to say that you don’t have a lawsuit and not to file a lawsuit with an attorney, but just realized that the settlement offers will be substantially lower than if you are hurt because of actually taking the medication. Also larger pharmacies such as CVS, Walgreens and Walmart, will offer substantially larger settlements for cases such as these then your local pharmacist. It also depends on the insurance company that the pharmacist has, on what the amount of the settlement that will be offered. But if a pharmacist which is a license professional gives you the wrong medication, that is negligence and you could suffer substantial harm and damage from such a negligent action. That is always an actionable situation in a court of law.

Joseph F. Botelho, Esq.

Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688



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