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The Pharmacy Gave Me the Wrong Prescription & It Made Me Sick: What Can I Do Legally?

Legal Matters


If you or a loved one suffered an injury or injuries as a result of being given a wrong prescription by a pharmacist, then it is extremely important to contact an attorney as soon as possible. Under Alabama law, pharmacists are seen as health care providers, just like doctors, and are held to the same standards as doctors. Pharmacists are tasked with being a link between the doctor and the patient in dispensing medications to the patient prescribed by the doctor. If pharmacists fall short of their task, they and the pharmacy itself can be sued for medical malpractice among other things.

Upon discovering that you have been given a wrong prescription that has made you sick, immediately go to the emergency room. Next, call the pharmacy to notify them of the error. It is important to find out the name of the drug that was given to you, instead of the one you intended to pick up at the check-out counter. If you receive no information from the pharmacy, then you should call your own doctor so he/she can determine the mystery drug’s name. Next, try to find out the name of the person(s) who directly gave you the prescription. If the person, who gave the prescription, did not tell you that there was a different drug in the prescription bottle other than the one you intended to pick up, that fact opens the person and the pharmacy to being liable for medical malpractice. Also, take note of the physical and mental effects of the wrongful prescription and let your doctor know. If your doctor determines that these effects would not have happened if you had not been given the wrongful prescription, then it helps your case. Do not forget to keep the prescription bottle of the wrong drug.

It is important for your attorney to have as much evidence and documentation as you can gather so he or she can provide the best legal strategy on how you can proceed with your case. Such information includes: medical history, history of filling prescriptions with the pharmacy (if one exists), and medical records. Your attorney will ultimately need a medical opinion from your treating doctor on the wrongful prescription and its adverse effects to your health.

Frank S. Buck, P.C., Attorneys at Law have been offering professional legal services and serving Alabama citizens for over 44 years. We have experienced trial attorneys who have over 100 years of combined trial experience.  You can reach us 24 hours a day at (205) 933-7533 or visit us at Please call us for a free consultation.

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