Legal Question in Medical Malpractice in California
Hospital gave wrong drugs
After heart by-pass surgery the hospital pharmacy ''inadvertantly'' merged my record with another patient. For 3 days I rec'd their meds plus mine. The drug combinations are in fact contraindicated. My blood pressure had wild swings (as low as 58/38). Hallucinated, fevers, etc. During all of this I had a major exacerbation of my multiple sclerosis (which had been stable for 4 years). The drug mistake, exacerbation (MRI), etc. are all clearly documented in my chart. I spent 2 weeks in the hospital and 4 weeks in a re-hab hospital. I am now significantly worse-off than I was before the incident. Are there any legal cases/precidents related to MS exacerbations due to negligence, etc?
3 Answers from Attorneys
Re: Hospital gave wrong drugs
There is no question you have a malpractice case, the question is what are the nature and extent of damages.
Joel
JOEL SELIK Attorney at Law
800-894-2889 760-479-1515 702-243-1930
www.SelikLaw.com
Licensed to Practice Law in California and Nevada Only CA Licensed Real Estate Broker
CONCENTRATING IN LITIGATION: REAL ESTATE, ELDER ABUSE, APPEALS, AND COLLECTIONS Personal Injury, Contracts, Tax Matters, Business, Malpractice, Appeals, Elder Neglect/Abuse/Nursing Home Malpractice Real Estate, and Other Legal Matters
This is just general information. No representations are made and no attorney client relationship is established by this communication. In most matters there are strict time limitations within which actions may be taken or your rights will be compromised. We are not taking any action on your matter and will not be considered your attorney or tax representative until both you and we have signed a fee agreement.
We, therefore will take no action on your behalf unless a written retainer agreement is signed. There are strict deadlines, called statutes of limitation, within which claims or lawsuits must be filed. Therefore, if you do not retain SELIKLAW, you should immediately seek the services of another attorney or other advisor.
If you send a lawyer or law firm email, your email will not create an attorney-client relationship and will not necessarily be treated as privileged or confidential. You should not send sensitive or confidential information via email. The lawyer or law firm to whom you are writing may not choose to accept you as a client. Moreover, as the Internet is not necessarily a secure environment it is possible that your email sent via the Internet might be intercepted and read by third parties.
Re: Hospital gave wrong drugs
If you can prove your allegations, you have a case. Contact an experienced malpractice attorny in your area to discuss the facts and evidence available.
Re: Hospital gave wrong drugs
The question is not one of legal precedent. There is plenty of precedent that says that a hospital pharmacy to give non-prescribed drugs to a patient and thereby cause injury to the patient is liable for damages. The issue is what are the provable damages. As you know, MS is a progressive illness. The toughest part of the case is to prove that the exacerbation was, increased hospitalization, rehabilitation, etc. was caused, in fact, by the administration of the wrong drugs and not by other factors. Only a careful review of your records by experts in the field will provide that information.
Contact me or another qualified med mal lawyer to obtain the review. There is no legal fee for case evaluation.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
