CVS has given my father the wrong presciption it was for another person, can we sue them?

Hot Mom

NO, NO, NO!!!! Do NOT sue them for a simple mistake like that!!!!!
Just return the prescription that is not yours, and ask for the right one.......
Stupid, frivolous lawsuits are why our medical system is so messed up now!!!!
Just for a simple mix-up like that, you would be stupid and foolish if you tried to sue them for that!!!!!!
Save the lawsuits & the court's time for someone that has a REAL problem that they need help with!!!!!!!

bac_1976

It was probably an honest mistake, there's no reason to go straight to "can we sue"?

Hilaryâ˜®

Wow, people will sue for anything these days. It would have been highly unlikely your father would have even taken the other drug, because usually everyone reads the bottles first. I think that would really be the only way you could sue, if he had taken the other medication. I think it was just a mistake, no need to sue.

dlk

Sue, sue, sue?.........did your Dad take any of the medicine, or did he actually "check" that it was in fact his prescription. If he did take some of the medicine, did it hurt him physically in any way. There is responsibility on the patients part also, he should (everyone should) check their prescriptions before taking any medicine prescribed. If he has not taken the medicine, I would immediately return it to the pharmacist and report that pharmacy. I just want to say, shame on you for wanting an easy way to sue, sue, sue..........this is one way our medical is so very expensive. You also HAVE TO BE RESPONSIBLE to actually check that medicine bottle before taking.

wizjp

uh...did he take it? What are the damages? Is there an intent to do harm, or did someone just make a mistake, hand you the wrong bottle, and you found out before any pills were taken?

Things to consider if I were on that jury.

Lurch

Unless your father suffered some physical harm over this, maybe you should just take the prescription back and exchange it for the correct one. It's either that or bog down the justice system with a frivilous lawsuit.

EDIT: Ok, you may have a case. I would definitley call a few attorney's in your area. Most will at least give you a free consultation to hear your story.

Tha_Original

this is one of the major things wrong with America today.

no info on if dad is hurt or sick or if he took the wrong meds, but straight to the point on " minimal amount awarded".

you make me sick

K W

Did your father take any of the medication? Was your father harmed if he did take the medication. If not, then no, there is no reason to sue.

It is people like YOU we jam up our court system just to try to get some money when people make mistakes!

Lori K

You can only sue if you have "damages." That would be whatever medical bills your father incurred because he took the wrong medicine and his pain and suffering because of the results of ingesting the wrong medicine.

If he didn't take the medicine, or took the medicine and had no effects -- you are entitled to nothing. It would be considered a frivolous law suit and CVS might even be able to get damages against you for that. (It's highly unlikely that herpes medicine caused any ill effects unless there was some sort of reaction with his normal medications which you can prove.)

krimla2000

If he didn't take the medication, then your father has absolutely no grounds to sue. If you father took it (by complete accident), and it has no chance of doing harm, it's a 99% chance that he can sue but will lose the case. If your father took the medication even after being suspicious of the pills (different color, name, shape, etc.) then he will have a hard time suing because ignorance is not a good defense. The only way that he could have a good lawsuit is that if the medicine has or is likely to cause him damage after he took the medication after he took the actions of a reasonable person (ie.not ignorant).

Chrissy

did he take the medication? did he have any adverse reactions to the medication? If not then you have NO grounds for suit.
However, the person whos prescription it belonged to, can sue for violation of privacy laws.
Since it was a one time honest mistake the judge will see it as such and they would be spending more money in the suit then they would be awarded.

twirldaworld

Was your father harmed or did the medication cause a reaction of any kind? If he did not take the medication it is very unlikely you would recieve anything from the claim.

Heather V

No, the only way you culd sue if if your father died or had to go to the hosiptal due to taking the wrong pills, and then you would only get the medical costs.

schneider2294@sbcglobal.net

Did you contact them when you realized the mistake? Always check the label and name on it when you pick up a prescription. You must take some responsibility yourself, mistakes do happen, have you ever made one? If the bottle was labeled in correctly, drug wise, then you may have something.

rickinnocal

"CVS has given my father the wrong presciption it was for another person, can we sue them?"

Yes. Anyone can sue anyone for anything.

"If we can sue them what evidence should we have besides the obvious ( medicine, medicine bottle, presciption pamphlets)"

That's all you'll need.

"and what should be the minimal amount awarded be?"

It will be his actual financial damages. If he had to go to the doctor or hospital for treatment because of taking the wrong drug, then the fees (or at least the 'out of pocket' expense) would be what he'd be allowed to sue for. Expect the award to be *substantially* reduced, however, because of his own 'contributory negligence' in taking a drug that was labeled as being for someone else. You're supposed to read the bottle before you take medicines.

If you want to 'teach them a lesson' then you complain to the agency that licenses pharmacies in your State. The purpose of a lawsuit is not to 'teach a lesson' - it is to recompense an injured party for the actual financial costs they incur.

Richard

SuperVibrationalEscrow

No, not unless you didn't notice and he took the medicine and got sick. Just supplying the wrong drug is not grounds for any kind of action at all. It happens all the time, it's just human error. Now if he had taken the drug and something bad happened to him, then yes. But in this case, no not at all.

Luna & Lawnboy

It is called 'prescription error', and CVS would have liability coverage which would cover them.

Did your father take the medicine? If not, how was he injured/damaged? Even if he did take the medicine, if it did not effect him in anyway, it is unlikely he will be compensated. You need to prove damages, what are they? No damages, no claim. He cannot get compensated for "what if's".

If you think you have a valid claim, contact CVS directly. They will refer you to their liability carrier. If they deny your claim, then you can think about suing.

nashvillekat

yeah, that is a huge lawsuit! I would find a lawyer. If your father took the wrong meds and something happened to him, that would be horrible for your family and really bad for CVS.

Enter Your Message or Comment

User Name:
User Email:
Post a comment: