Q: Received wrong medication and suffered side effects in New York, what are my legal options?

A: Sorry to hear what happened to you. Without minimizing what you went through, temporary vomiting and diarrhea, without more, will not justify the time and expense of a malpractice lawsuit. You should certainly report the matter to the pharmacy and perhaps try to get reimbursed for any medical and out-of-pocket expenses you incurred.

A: What you experienced may give rise to a claim for pharmacy negligence in New York. Pharmacies have a legal duty to accurately fill prescriptions as written by the prescribing healthcare provider. Dispensing the wrong medication to a patient who does not need it can result in liability if it causes harm. Your description of the adverse effects, along with proof that the pharmacy dispensed Metformin without justification, suggests a potential basis for legal action.

To succeed in a negligence claim, you would need to show that the pharmacy owed you a duty of care, that they breached that duty by dispensing the incorrect medication, and that this error caused you actual harm. Taking Metformin unnecessarily and experiencing symptoms such as vomiting, diarrhea, and reduced appetite for three weeks may be enough to establish damages, particularly if the symptoms interfered with your health or daily life. If you sought medical treatment, kept a record of symptoms, or lost income due to the side effects, that information will help support your claim.

You should preserve all evidence, including the original medication bottle, packaging, prescription label, and any written materials that identify the incorrect medication and dosage. If you have any written confirmation from your doctor or the pharmacy acknowledging the error, that will be helpful as well. Medical records showing that you sought treatment for the side effects should also be obtained.

You may file a complaint with the New York State Education Department’s Office of the Professions, which oversees pharmacy conduct and licensing. In addition, you may pursue a civil claim for negligence, which could include compensation for physical pain, emotional distress, and any out-of-pocket expenses incurred because of the pharmacy’s error. Depending on the extent of harm, the case could be brought in small claims court or civil court.

It is advisable to consult with a personal injury attorney who has experience with pharmacy negligence cases. An attorney can help you evaluate the extent of your damages and determine whether a formal legal claim is worthwhile.

This response is for general informational purposes only and does not constitute legal advice. For personalized guidance, please consult a qualified attorney licensed in New York.