Can I Sue for a Misfilled Prescription?

Few things are more tragic than injuries resulting from medical malpractice. One fairly common form of medical malpractice is a misfilled prescription and/or pharmacy malpractice. Misfilled prescriptions constitute negligence, and those injured as a result of misfilled prescriptions may sue the parties responsible.

While doctors and pharmacists may be guilty of negligence in a misfilled prescription case, most misfilled prescription cases result from neglect within the pharmacy. There are numerous regulations that pharmacists are required to uphold and any laziness or neglect in the process can have devastating health consequences for patients.

What Constitutes a Misfilled Prescription?

An allegation of a misfilled prescription must be confirmed by an expert. They should be able to view your medical records and prescription to identify what went wrong. As such, it is important that you retain as much documentation related to your case as possible.

Contraindicated medication occurs when a doctor issues an incorrect diagnosis resulting in the wrong prescription. The results can be extended illness, additional injury or illness, or even death. This form of misfilled prescription is a bit rarer than pharmacy neglect (pharmacy malpractice).

Neglect during prescription fillings often takes the form of pharmacy staff issuing the wrong medicine or dosage. Neglect can also occur at the doctor level, where the doctor diagnoses correctly, but chooses the wrong medication or dosage.

How to Initiate a Personal Injury (Pharmacy Malpractice) Suit After a Misfilled Prescription in the State of Florida

Contact the attorneys at Balkan and Patterson, who will take the following steps to initiate your personal injury case:

  1. Notify your healthcare provider.

If you believe someone is at fault for the misfilled prescription, you should notify them of your complaint. The most important thing is correcting any negligent act that could further injure the patient. Notification also puts the allegedly guilty party on notice. In the state of Florida, you have 90 days to notify your healthcare provider from the time of the injury.

It is important that you have an expert second opinion confirming that a misfilled prescription took place. Ninety days is not a lot of time, so it’s important to work quickly.

  1. Speak with a personal injury attorney.

Before taking any legal action, consult with a personal injury attorney experienced with medical malpractice cases. They will be able to guide you through the process from start to finish.

In many medical/pharmacy malpractice cases, the healthcare provider offers a handsome settlement in exchange for dropping the personal injury lawsuit. Not only will your attorney help you in filing your personal injury claim, but they can also advise you on whether or not it is wise to accept a settlement offer.

  1. File your personal injury claim within the Florida statute of limitation.

In the state of Florida, all standard personal injury claims must be filed within two years from the date of the injury. While exceptions can be made in certain cases, two years is the standard statute of limitation for misfilled prescription cases.

  1.  Collect expert witnesses that will testify to the medical malpractice.

To ensure that your case qualifies for a reasonable and maximum amount of compensation for damages, your attorney will advise you on how to collect expert witness testimony. You may be required to invest some money up front in order to be examined and interviewed, and have your case reviewed by expert witnesses in support of your claim.

  1. Be patient with the legal process and document all negative consequences of the misfilled prescription.

Most medical malpractice cases (such as misfilled prescriptions) can last from months to years. It is important that you work calmly through the process and continue to save receipts and document all the various costs associated with the misfilled prescription.

This includes tracking lost wages, the cost of extra medical appointments, therapy, any modifications to your house in order to accommodate the misfilled prescription injuries, childcare, etc. All of these costs are taken into account when you are awarded damages.

How to Select the Right Attorney to Represent You in Your Misfilled Prescription Case

For most clients, their first concern when hiring legal help is the cost. Some attorneys charge an hourly rate or a flat fee. Your attorney should be able to carefully lay out all the costs associated with your misfilled prescription case.

Most importantly, you need an attorney who is experienced in medical malpractice and misfilled prescription cases. They will be able to help you collect all the right evidence, and they often have great connections with medical professionals who can provide the best expert witness testimony.

Make sure to pick an attorney with whom you are able to work well with. They must be able to keep you informed and help you feel at ease during the process. As noted earlier, most misfilled prescription cases can take a long time to resolve. Your attorney should be able to help you remain patient and encouraged despite how drawn out the process might feel.


For more information about how a personal injury attorney can help your misfilled prescription case, contact Balkan and Patterson at 561-750-9191 or visit our website.