Negligence for wrong medicine?

Question

If given the wrong medicine, but you did not take it, and you want to sue for negligence, what element is missing from your case.

Answer 1

I'm not sure but that's a very good question

Answer 2

If you knew it was the wrong medicine, then why didn't you say something before you left the doc's office? Why did you buy it anyway? How do you know it was the wrong medicine for you?  

Answer 3

HARM and INTENT!  You did not take the medicine

Answer 4

what is missing is you were not harmed by the medication.

Answer 5

In order to win a negligence lawsuit, you have to show damages. The only damage you have is the cost of the medicine. No harm no foul.

Answer 6

Damages.

Answer 7

Harm.

You must have taken the medicine and suffered harm (either from it, or from the ineffective treatment), or didn't take the medicine and suffered harm in the time between when you realized it was the wrong medicine and when you got the right stuff.

If you didn't take it and suffered no harm from going untreated for a while ... no case.