Legal Question in Medical Malpractice in Illinois

Re: Medicine

Yes a pharmacist can be sued for dispensing the incorrect medication.

For example, when the incorrect medicine causes a serious injury or death. Such as a child who is provided with an "adult-sized" dose of a medication that causes the child to "overdose" and go into a coma, die or have permanent disabilities attributed to the "over-dosing".

Or, when the failure to provide the correct medicine causes a serious injury or death, such as a senior citizen whose seizure medicine is accidentally replaced by sugar pills.

However, any of these cases require a lot of medical expert testimony and cannot be pursued unless there are significant and permanent injuries.

Therefore, if there are no significant damages, you do not have a viable lawsuit despite clear liability on the part of the pharmacist.

Let me know if you need additional information.

Matt Belcher

Re: Medicine

Dear Sirs

If the child had an adverse reaction you may have a claim.

Please call us Monday to discuss.

Many thanks,

John C. Wunsch

[email protected]

Re: Medicine

This is a parent's nightmare! You trust the pharmacy to be accurate, because there can be serious damage done, even to an adult, let alone a child. I hope that you child is doing O.K.

Yes the pharmacy can be sued! Sometimes, it is very clear cut and an expert does not have to be hired to establish fault. In these types of cases, the real issue is how badly hurt the patient is as a result of the negligence of the pharmacist or the assistant. In other words, the case comes down to whether the use of the wrong medication permanently damaged the patient, and if not permanent, how serious was the injury that resolved, what the patient and family went through and the cost of medical treatment needed becasue of the wrong medication.

I hope this helps and that your toddler has made a good medical recovery. Feel free to contact me if you need any additional information.