Legal Question in Medical Malpractice in California

Medication overdose

I have sickle cell and suffer from sever pain, while in the hospital two weeks ago, there were three different doctors handling my case at that time one was a Pain Management Case Manager, who decided to start me on a medication called ''methadome'' (not sure about the spelling) 10mg every 12 hours, by the third day she up it to 30mg every 12 hours, pain or no pain, during the three days I did express that I didn't like the effects of the drug, she explained to me that it takes some time getting use too, by day four I was overdosed on the medication, and transfered to a different department of the hospital to be closely watched, due to my blood presure dropping, heart racing, light headed and fainting. By day 6 the doctor came to see me and had admited to over medacating me. My question here is do I have a case of malpractice on this doctors part.


Asked on 12/18/02, 4:53 pm

2 Answers from Attorneys

Joel Selik www.SelikLaw.com

Re: Medication overdose

Based on the facts you presented you most likely do have a case of malpractice. The main outstanding question is: what are your damages? Was there permanent damages from the overdose?

Joel Selik

www.4thelaw.com

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Answered on 12/18/02, 4:56 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: Medication overdose

In order to determine the answer to your question, one would need to review the records. Every error of judgment by physician is not malpractice. It would have to be an error which is below the minimum standard of practice required. Also, the nature of a medical malpractice case is that they require thousands of dollars in out of pocket costs to litigate. Therefore, unless the injury and damages are quite substantial, ecomomic considerations prevent cases from being brought.

If your injury and damages are serious, then a qualified lawyer will initially review your records and your case without charge.

Call if you need further information.

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Answered on 12/18/02, 5:57 pm


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