Legal Question in Medical Malpractice in California
I ordered acetaminophen/hydrocodone (generic for Vicodin) from my pharmacy. I received my refill. When I opened it at home, I noticed several small white pills mixed in with the pain pills. I looked these pills up online with the information on the pill and found out that they were Lorazepam. (I verified this by checking the image as well and they were an exact match.) My prescribed number pills are accounted for and there are 30 Lorazepam tablets total. I separated them and put them in an old, empty medicine bottle that I had yet to discard.
I take several medications due health problemms caused by Systemic Lupus Erythmatosis. I take two separate anti-rejection medications for a kidney transplant (Tacrolimus Prograf and Mycophenolate Mofetil-generic for Cellcept,) one blood thinner (Warfarin Sodium, generic for Coumadin) due to an mechanical heart valve, and an anti=depressant (sertraline, generic for Zoloft)
There are several medications that are contra indicative to these prescribed meds. I'm unaware if Lorazepam is one of them.
Am I entitled to compensation for there negligence?
2 Answers from Attorneys
This is not my area of practice, but generally speaking you are not entitled to compensation because there are no damages (i.e. injuries). Thankfully you were able to detect the mistake. I hope that you informed the phamacy immediately. This mistake could have effected the prescription for another person(s) who might not catch it.
Since you saw the error, and since you didn't take them and you weren't injured, you have nothing to claim.
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