In a situation when a pharmacy is clearly negligent by either giving you the wrong medication, the wrong dosage of medication or someone else’s medication, all these situations are examples of medical malpractice. Medical malpractice is not only if a doctor or nurse makes a mistake, also if your pharmacy makes a mistake within the filling of your prescription this situation also constitutes medical malpractice.

A particular client I was speaking with today, she has several medical issues, which are treated through the use of six different medications. Several weeks ago she went to the pharmacy to have blood pressure medication refilled at her local pharmacy and the pharmacy gave her a prescription from a completely different patient. Instead of getting high blood pressure medication she was given a very strong form of antidepressant. Luckily for this client, she had a doctor’s appointment only 10 days after she started taking this medication or the end result could have been much more serious, due to her other medical issues. But in this situation the pharmacist by giving her the wrong medication, she almost lost her job, she missed a vacation because she felt so horrible she didn’t want to go on it and she actually had suicidal thoughts. But the biggest situation is how different medications interact with each other and how their side effects interact with each other. The simple mistake as in giving you someone else’s medication, could either leave you with an injury that you will suffer from the rest of your life or even lead to death.

Any form of negligence that results in harm to the patient, can be just cause to file a medical malpractice lawsuit against that physician, nurse or medical professional, such as a pharmacist or an x-ray technician. Although some form of damages must be assessed for there to be a legitimate claim, although most companies will simply settle at a very low amount simply for making mistakes. Usually this fee is simply for your confidentiality or keeping your mouth closed about the mistake they made. To determine the basis of the amount of damages asked for in a particular medical malpractice case you must first determine if you were in fact harmed, how bad that harm was and how long did you suffer the harm or will it continue. Obviously if someone had a headache from the negligence of a medical professional, that case would be worth significantly less than a case where a person actually loses their life due to medical negligence. Each individual cause of action should be analyzed by an experienced medical malpractice lawyer and also evaluated by a medical professional.


Joseph F. Botelho, Esq.

Attorneys At Law

901 Eastern Ave.
Unit 2
Fall River, MA 02723

Office:  888-269-0688


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