Legal Question in Medical Malpractice in Rhode Island


My pharmacy gave me the wrong prescription in Feb. 2003 and I have been taken it till yesterday, May 16, 2003 My Doctor was very angry at the pharmacy since this mistake has raised my blood pressure. What are my recourses. Thank You.

Asked on 5/17/03, 10:58 am

2 Answers from Attorneys

Robert S. Bruzzi Law Offices of Robert S. Bruzzi

Re: prescription

Sorry to learn of your problem. Basically, there are two parts to making a claim: proving that someone did something wrong (was negligent) and proving that you were damaged (hurt) because of that wrong. It appears clear that the first is satisfied, although I do not know if it is the pharmacy's fault or your doctor's. Also need to learn more about the damages that resulted.

If you care to, contact me at my office - 401.351.8900 - to further discuss.

~ Bob

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Answered on 5/19/03, 9:35 am
Patricia Joyce Law Office of Patricia M. Joyce

Re: prescription

It was clearly an error for the pharmacy to give

you the wrong medicine. You have the ability to

file a claim against the pharmacy (for which they

have insurance), but in order to prevail, you

have the burden of showing that their error

seriously harmed you. A doctor's report of the

harm caused would be necessary.

If the rise in blood pressure caused you to be at

significantly higher risk for heart attack,

stroke, etc., minimal damages could be available.

However, if the improper medication could be shown

to have damaged any vital organs, your claim would have

a more significant monetary value.

More information from you and your doctor would be

necessary to provide a more specific outline of

any potential legal action.

I hope this response is helpful to you and that you

have NOT been seriously harmed by the improper medication.

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Answered on 5/17/03, 11:47 am

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