What Should I Do if a Pharmacy Gave Me the Wrong Medication?

When we visit a pharmacy, we trust that the medication handed over the counter is exactly what the doctor ordered.
Unfortunately, pharmacy errors happen more often than many realize, and when they do, the consequences can be devastating.
If you've received the wrong medication from a pharmacy, you're likely feeling anxious, confused, or even physically unwell. So what are your next steps?
We’re here to help you understand what to do immediately after a pharmacy gives you the wrong medication, what legal rights you may have, how these errors happen, and how Morgan & Morgan can help you pursue justice and compensation.
Read more below, and when you’re ready, contact us for a free case evaluation to learn more about your specific legal options.
Know This First: Common Pharmacy Mistakes to Watch For
Pharmacy errors are a form of medical malpractice that occur in both large retail chains and smaller independent pharmacies. The most common types of mistakes include:
- Wrong medication: You’re given a completely different drug than prescribed.
- Wrong dosage: You receive the correct medication but in the wrong strength.
- Incorrect instructions: The label may provide misleading or dangerous directions.
- Wrong patient: A prescription is accidentally filled for the wrong person.
- Drug interactions: The pharmacist fails to catch dangerous interactions with other medications you’re taking.
- Failure to warn: You aren't informed of potential side effects or warnings that could affect your health.
Each of these errors can cause serious harm, ranging from minor allergic reactions to life-threatening conditions, especially if the patient is elderly, pregnant, or managing a chronic illness.
Step 1: Stop Taking the Medication Immediately
If you suspect that you’ve received the wrong medication, stop taking it immediately. Continuing to use the medication, even for just another dose or two, can increase the chances of harmful side effects or worsening of your condition.
Don’t throw away the medication, the packaging, or the receipt. These will be important pieces of evidence if you choose to pursue a legal claim.
Step 2: Contact Your Doctor
Your next call should be to your prescribing physician. They can help you determine whether you’ve taken a harmful drug or dose and advise on next steps to mitigate any side effects.
Depending on the severity of the error, your doctor may prescribe a new medication or ask you to come in for an examination or tests. They may even advise you to go to the nearest emergency room.
Prompt medical intervention can reduce the severity of the harm and provide documentation of the effects caused by the pharmacy error.
Step 3: Notify the Pharmacy
Let the pharmacy know what happened. Ask to speak with the head pharmacist or manager, and document the conversation in writing if possible.
Be sure to request a copy of your original prescription, get the names of the individuals you speak with, and note their explanation or acknowledgment of the error.
While it may be tempting to get angry, keep your communication calm and professional. Remember, your goal is to document the facts, not to get the pharmacy to admit liability (yet).
Step 4: Seek Medical Attention if Needed
Even if you haven’t yet felt any adverse symptoms, you should consider seeking a medical evaluation. Some drug reactions are delayed or internal and may not be obvious right away.
Medical documentation of your condition and symptoms strengthens your legal claim, helps establish a clear timeline, and provides critical evidence for calculating damages.
In the most serious cases, such as allergic reactions, seizures, or breathing issues, call 911 or go to the emergency room immediately.
Step 5: Consult a Medical Malpractice Attorney
Once you’ve stabilized your health and gathered initial documentation, it’s time to consult a legal expert. A pharmacy error could be medical malpractice or negligence, and you may be entitled to financial compensation.
At Morgan & Morgan, we’ve handled thousands of pharmacy-related error cases and helped victims recover damages for:
- Medical bills
- Lost wages form missed work while recovering
- Pain and suffering
- Long-term health complications
- Emotional distress
We fight For the People, not the powerful, because everyone deserves justice when harmed by the carelessness of others.
Why Do Pharmacy Errors Happen?
Understanding how a pharmacy error occurs can be helpful when evaluating your legal options. Common causes include:
- Workload and time pressure: Pharmacists filling hundreds of prescriptions a day may rush and make mistakes.
- Understaffing: A lack of qualified personnel can lead to oversight or fatigue.
- Poor communication: Illegible handwriting, confusing abbreviations, or digital glitches between doctor and pharmacy systems.
- Labeling issues: Mislabeling or printing the wrong instructions can lead to confusion or misuse.
- Training gaps: Technicians may lack adequate training in drug interactions and dosage safety.
These aren’t just harmless oversights; they’re signs of systemic negligence. If a pharmacy’s procedures lead to preventable harm, they should be held accountable.
Can You Sue a Pharmacy for Giving You the Wrong Medication?
Yes, you can sue a pharmacy for giving you the wrong medication, especially if you experienced harm, financial loss, or long-term health effects. To bring a successful lawsuit, you generally need to prove:
- A duty of care existed (the pharmacy had a responsibility to fill your prescription correctly).
- That duty was breached (they gave you the wrong medication, dose, or instructions).
- You suffered harm as a direct result of that breach.
- Damages can be calculated (e.g., medical costs, pain and suffering, lost income).
Pharmacists and pharmacies are medical professionals, and they can be held to the same legal standards as doctors and nurses.
What Kind of Compensation Can I Receive?
The compensation you may be entitled to depends on the severity of your injuries and their long-term consequences. Potential damages include:
Economic Damages
Compensation for economic damages can cover:
- Emergency room visits
- Diagnostic tests
- Follow-up care
- Prescription replacements
- Lost wages or reduced earning capacity
Non-Economic Damages
Compensation for non-economic damages can cover:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Mental anguish
Punitive Damages
In rare but extreme cases, if the pharmacy’s conduct was grossly negligent or reckless, punitive damages may be awarded to punish them and deter similar behavior in the future.
What to Expect in a Pharmacy Malpractice Lawsuit
If you decide to pursue legal action, here’s what the process may look like:
1. Free Case Evaluation
Morgan & Morgan offers free, no-obligation consultations to help determine if you have a viable claim.
2. Investigation
We collect evidence, including:
- Medical records
- Pharmacy logs
- Prescription labels
- Witness statements
- Expert opinions
3. Filing a Claim
If the evidence supports your case, we file a formal complaint against the pharmacy and any other liable parties.
4. Negotiation or Trial
Many pharmacy error cases settle out of court, but if necessary, we’re prepared to go to trial and fight for your full compensation.
How Morgan & Morgan Can Help
Your health matters. Your safety matters. When a pharmacy violates your trust, we make it our mission to hold them accountable.
With over $25 billion recovered for our clients, Morgan & Morgan is one of America’s largest and most trusted law firms. Our experienced medical malpractice attorneys know how to go up against pharmacy chains, insurers, and hospital systems to get real results.
Pharmacy errors are serious and often preventable mistakes. You may be entitled to compensation that helps you recover physically, emotionally, and financially. If you or a loved one were given the wrong medication by a pharmacy, contact us today for a free case evaluation to take your first steps toward justice.
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