| |
You are here: Experts > Health/Fitness > Pharmacology > Pharmacy > expired RX from pharmacy
Expert: Barbara Judge
Date: 5/4/2008
Subject: expired RX from pharmacy
Question
Hello, my 9month old child has had a double ear infection for a few weeks, we are now on the 3rd set of antibiotic. "Biaxin". and I noticed on the bottle it expired Dec 1, 2007. The Pharmacy "Longs" gave it to me April 2008. Now I have an appointment with an EMT specialist because the problem isnt going away, now I question the pharmacy. I went back to the pharmacy today, they said sorry, replaced the meds, took the old bottle and said they would do a report on the situation. Do you feel they is any legal action here... maybe my child's infection isn't going away because I had expired meds? Please advise. Thank you for your help. Sincerely, Tammy - just a concerned parent.
Answer
Each state has slightly different laws pertaining to the legal liability in medication problems. The first thing you would have to do in every state is prove that the expired medication is the cause of any harm your child has suffered. This burden of proof becomes difficult to quantify in many cases. I would recommend that you file a complaint with your state's Attorney Generals office (or the equivalent), the company that filled the prescription, and speak to a lawyer. A lawyer in your area will be able to tell you what the burden of proof is to take legal action. There is no doubt they should not have given you expired medication, the question is can you prove harm and what is the requirement necessary to prove harm in your state.
Thanks
Barb Judge
Add to this Answer
Ask a Question
|
|
