My pharmacy/pharmacist almost killed me what do I do?

[georgina]

I have diabetes type 2 and I take 3 orals plus insulin. I went into my pharmacy (located in a chain drug store)to get one of my orals refilled. I take Metformin, Precose and Prandin. They didn't have the entire 200 pills in stock. I take 2 tablets 3 times a day. They only had 30 and said that in two days the remainder would be ready. Two days later I picked up the remaining 170 tablets. Although I had started taking the bottle with the 30 in it for a couple of days the bigger bottle was with all my other meds. Shortly after I started taking my precose I started to not feel good. I did not connect the symptoms to the drugs because I had been taking these same drugs for way over a year. Yesterday I was feeling bad. Thought maybe it was due to the elevated temperatures. I took out the bottle to look at it and it dawned on me that the tablets seemed smaller than the bottle with the 30. I thought that maybe they had made a mistake. That they had given me the 25mg tablets instead of the 50mg. A little voice told me to go to the pharmacy. I showed them the tablets. The bottle stated that on the front of the pill would have "precose 50" stamped on them. These pills I had been taken did not. The pharmacist told me that they were probably from another manufacturer in which they have the right to change the shape, color and size of the pills. She went to go and check. She was gone a long time and then came back to say that the pills were wrong. I asked her what did she mean. Did you give me the 25 instead of the 50? She shook her head and said, "The pills you have been taking are NOT Precose. She mumbled something I couldn't understand and then I asked her "These are not Precose?! What have I been taking"? She said, "Prandin" I screamed "Prandin"?!!! See, I already knew when I last saw my diabetes doctor that I was on the maxium doseage in a 24 hour period for Prandin and that was why she couldn't increase that drug. She asked me visibly upset how was I feeling and how long have I been taking these pills. I told her I would have to count what was left in the bottle and subtract that figure from 170 and divide by six. She grabbed the bottle and counted them in front of me. By her calculations I have been taking these pills for 18 days! I screamed at her very very upset that I have been taking an over dose of these pills for 18 days! We are not talking a pill over maxium dose. Dose in 24 hour period is 6 and I have been taking 12. I told her all of my symptoms. She said she would call my doctor and tell him about the over dose. Oh, and she wanted me to give her the "pills that I shouldn't have been taking. She said she had to h ave them to give me the right ones. I pointed out to her that I heard them tell customers that once they give them the pills they can't take them back even if it is their mistake. When I told her this she said nothing. I was not about to give her back evidence. What I want to know is whether I have grounds for a lawsuit. If I do what kind of attorney and what kind of figure can I sue for? Do you feel that this pharmacy would lean towards settling out of court?

It is certainly possible you have a case based on what you say here; you should take a brief description of these events as well as your medical records to a malpractice or injury attorney and see if the attorney thinks you have a claim; often you need to contact several attorneys to find one to take the case; the review of your case and records is often free and then they will normally take the case on a contingency fee basis if they think you can win; you would pay only if they collect for you.