CVS pharmacy filled me glaucoma drops instead of anti-biotics for my post-LASIK healing. Can I sue?

I guess the biggest question I have is if I still have time to. This occured in mid-July. The doctors at the center where I got the surgery called in the prescription. I got it filled the day before the surgery. After the surgery I was to take the drops to fight off infection. I got an infection and spent about 2 months fighting it with more (what I thought to be anti-biotic)drops, which were the glaucoma drops and other types. Finally one day my doctor saw them while I was rumaging through my purse and asked what I was doing with them. Then shock occured on both our parts.


I went to CVS and the senior pharmacist was the one who filled it! It simply stated he made a mistake. He was sorry.


So, can I sue even with the time delay?

CVS pharmacy filled me glaucoma drops instead of anti-biotics for my post-LASIK healing. Can I sue?
You will need to be able to show damages.
Reply:I am not a lawyer, but I would certainly think so. You could have lost your vision. It sounds like you had a serious problem.
Reply:You claim that you got an infection from the drops, but that is not damage enough for a lawsuit. Were you hospitalized as a result of the infection due to the faulty drops? Did you miss time from work? Did you suffer other monetary damages?





An "infection" due to a pharmacists negligence is not the sort of thing a judge can quantify into damages.





Regarding the time delay, statute of limitations is generally 2 years, so I assume you're within the time limit, but your bigger problem is proving damages, which is required before any lawsuit.
Reply:the time delay shouldn't be too big of a problem.....assuming that you are still able to document the time you spent with an eye infection.......expenses.........any transitory or permanent damage.





Most of the complaints I read on here are just people whining. Your situation is not that. You should consult with an attorney. Sorry this happened to you.
Reply:Yep Depending on the state you have one to two years to sue. I'd sue.
Reply:I'd contact a personal injury lawyer, just to be sure. You'll have to find evidence that the Dr's office called in the correct prescription and that the senior pharmacist made a mistake. Also, make sure CVS doesn't have some sort of fine print stating that it's the customer's responsibility to check the labels, etc., etc. They probably have made mistakes like this in the past and wrote up a tiny warning label (not that it would have helped you post-lasik) about having no responsibility in such a case. Gather your evidence before you bother w/ a lawyer who will charge you to do the same.


The general statute of limitations on any crime is 7 years, so you've still got time as far as I know.
Reply:Yes, Anyone can sue for anything the question is what are you going to get out of it.





Your costs should be reimbursed, the drug cost, additional Dr visits and time off from work. The big payout would be IF you are PERMANENTLY damaged by the mistake.





The time limit to sue is normally 1 year but your jurisdiction maybe different. If you do not have permanent damage you might think about writing a letter to CVS asking for reimbursment along with the threat of both suing and going to the media with the facts. This may save you lawyer bills, you may also consider small claims court if your area has it.
Reply:I woud speak to an attorney about this.
Reply:In answer to your question, yes, you probably can, but you would most likely not even get to trial - a judge would find that you have no case unless you suffered some sort of damages as a result. You could try to make the claim that you wouldn't have gotten an infection, given the right medication, but again... is that $10 copay for the doctor's visits significant enough to have to pay an attorney and court fees in order to recover it from CVS?





No judge is going to order that they pay you millions of dollars because you "could have" had damage to your eyes. Courts don't operate on "could have."





Don't waste your time. Accept the pharmacist's apology, find a new pharmacy and move on with your life.





By the way - it would not be a medical malpractice trial, as stated above. Pharmacists do not practice medicine.
Reply:There would most likely be a 2-year statute of limitations. But I don't think your suit would be successful unless you could prove significant monetary loss as a result of the mistake.
Reply:That depends upon the state in which you live but usually you have 2 years to file a medical malpractice claim. Tort reform in many states have limited the times frames so you should check with a local attorney immediately. A consultation in a med mal case won't cost you anything. You should find someone experienced in handling medical malpractice and tort claims. Call 3 or 4 attorneys before making an appointment. Get advice from friends if you can as to who has a good reputation in your community.

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