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If I were an American ..

If I were an American ..

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Old Dec 7th 2007, 1:38 pm
  #16  
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Default Re: If I were an American ..

Exactly what I would have done. Although I'm American, I've not acquired the sue, sue, sue mentality. If I had it, we would not be working at the moment but instead sipping our coffee on a warm beach.


Originally Posted by Bill_S
Although I don't practise as one, I'm a pharmacist and I can tell you that was a serious error.

I would:

1: Write a letter of complaint to the owner/manager of the pharmacy.

2: Same letter to head office if it's a chain.

3: Same letter to your state's Board of Pharmacy (whatever the licensing body is called there).

4: Follow up.

Don't make phone calls, contact everyone in writing. The paper trail is important. Maybe it's the pharmacist's first error. Maybe it's his tenth... the state board wants the information, and they will investigate.

Don't use hostile, accusatory language. Don't threaten to sue. You can always do that later if they simply ignore you. Outline the facts, including the description of the incorrect medication as best you remember it.
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Old Dec 7th 2007, 1:38 pm
  #17  
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Default Re: If I were an American ..

Originally Posted by Tracym
Hmmm.... I think I'd take a pic of what you got (with the bottle) - then take them back.
Good plan

I did that the other day .. took a pic of the 3 drugs I'm currently taking on my phone camera as I knew I'd need to list them when going to see the Doc!

Saved me writing it all down!
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Old Dec 7th 2007, 1:47 pm
  #18  
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Default Re: If I were an American ..

Originally Posted by Mandana
Well this is true .. it did occur to me that this could have been a little old lady who didn't read the label where it states what the pills look like, and ended up taking them with disastrous consequences.

It was a chain - one of the big ones. If I do write, I won't be hostile, but will state the facts as were.

Should I take them back or keep hold of? Obviously I need the right ones - especially as I'm going back to the UK and will run out while I'm there if I don't get them
I say you should sue to make sure they don't make the same mistake again (with disastrous consequences).
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Old Dec 7th 2007, 2:00 pm
  #19  
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Default Re: If I were an American ..

Originally Posted by Ray
You just threw away a minimum $5000
agreed

if i were an american i would sue

in fact since i successfully sued my first victim a couple of weeks ago i may just go on a suing rampage

(just a deadbeat tenant)
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Old Dec 7th 2007, 2:01 pm
  #20  
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Default Re: If I were an American ..

Originally Posted by anotherlimey
I say you should sue to make sure they don't make the same mistake again (with disastrous consequences).
No lawyer would take that case.

No harm done = no big payout = no lawyer interested.
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Old Dec 7th 2007, 2:11 pm
  #21  
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Default Re: If I were an American ..

Originally Posted by Tracym
No lawyer would take that case.

No harm done = no big payout = no lawyer interested.
probsably just filing would make them give a cash settlement out of court possibly
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Old Dec 7th 2007, 2:25 pm
  #22  
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Default Re: If I were an American ..

The following line is now for sale. Pm me any offers...

"If I were an American, I'd have taken all of them!"
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Old Dec 7th 2007, 2:27 pm
  #23  
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Default Re: If I were an American ..

Originally Posted by another bloody yank
The following line is now for sale. Pm me any offers...

"If I were an American, I'd have taken all of them!"
well if I was English...I would have sold them on the black market...
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Old Dec 7th 2007, 2:30 pm
  #24  
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Default Re: If I were an American ..

Originally Posted by BritGuyTN
probsably just filing would make them give a cash settlement out of court possibly
I know we frequently think that.

But I have been told by a malpractice attorney (re. someone who WAS actually harmed) that they generally do NOT do that. They may settle.... but only after they drag it out, cost time and attorney's fees - they settle the day before it'll actually go to court.

Therefore - attorney's will not take a case unless there is some significant possibly money involved. since these cases are done on contingency (attorney gets a percentage) - the companies have attorneys on retainer, doesn't cost them anything to fool around for years. Does cost the plaintiff and their attorney.

So unless there's a good case - it's not worth the bother.

In some cases, that isn't fair... but seems to be the way it often goes.
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Old Dec 7th 2007, 2:45 pm
  #25  
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Default Re: If I were an American ..

My OH is American. He would just have taken them back, and exchanged them for the proper ones. Many Brits just said they would sue, a few Americans said they wouldn't. People are different.

To sue, I believe you would have had to have taken them, and become ill.
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Old Dec 7th 2007, 2:59 pm
  #26  
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Default Re: If I were an American ..

Originally Posted by Tracym
No lawyer would take that case.

No harm done = no big payout = no lawyer interested.
You're probably right... shame.
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Old Dec 7th 2007, 3:26 pm
  #27  
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Default Re: If I were an American ..

Originally Posted by Mandana
Something in his tone made me think after I put the phone down that he might have been in need of a large nappy!
Whereupon you could calmly have told him "..isle 4 lower shelf - but be careful you don't mistake them for contraceptives.."
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Old Dec 7th 2007, 3:28 pm
  #28  
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Default Re: If I were an American ..

Originally Posted by Tracym
No lawyer would take that case.

No harm done = no big payout = no lawyer interested.
Exactly! No damage was done. Therefore how could you expect compensation for it?
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Old Dec 7th 2007, 3:30 pm
  #29  
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Default Re: If I were an American ..

Originally Posted by fatbrit
Exactly! No damage was done. Therefore how could you expect compensation for it?
Personally, I wouldn't.
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Old Dec 7th 2007, 4:10 pm
  #30  
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Default Re: If I were an American ..

Originally Posted by anotherlimey
I say you should sue to make sure they don't make the same mistake again (with disastrous consequences).
Originally Posted by BritGuyTN
if i were an american i would sue
I hate to disagree with you guys, but in this case I must. I doubt she could collect a damage award if there has been no damage. I'm not sure what the basis for a suit would be. I suspect it would be a big waste of time. But I should add that not only am I not Mandana's lawyer, I'm not a lawyer at all.

I don't know how things work in Texas, but in the jurisdiction where my pharmacy license is valid (Ontario, Canada) there is a formal procedure that is followed for all written complaints. EVERY such complaint is investigated. If the complaint is valid, the pharmacist can be brought before the Discipline Committee for a hearing of Professional Misconduct. If PM is found, the pharmacist is penalized. In a case such as Mandana's everyone will want to know the cause of the error. Look-alike/sound-alike drug names? Dispensary very busy that day? Dispensary short-staffed? Double-check procedures not in place or not followed? Was script double-checked and BOTH people missed the error? How is the error going to be prevented in future? Even without a lawsuit, there is going to be considerable pressure to make sure it doesn't happen again.
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