Legal Question in Medical Malpractice in Georgia
I recently was hospitalized for a total of three weeks. In that time my wife was told by an attending nurse that she had administered the wrong medication to me. Although it was a stronger pain medication than what was prescribed, is there any liability on her part or the hospital's?
3 Answers from Attorneys
Maybe...however you need to consult an attorney to uncover more facts about your case. From what you've shared your claim against the hospital/nursing staff will be one of professional negligence not simple negligence. As such, there are higher requirements for establishing a claim and it may take longer to get your complaint filed. Do yourself a favor and be proactive and not reactive, consult an attorney as soon as practicable.
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Best of luck to you,
What are your damages? You failed to tell us how the wrong medication caused you additional pain or discomfort (severe enough to sue someone for it), or additional medical bills, or anything else, or will cause additional medical expenses in the future. A mistake with no real negative consequences is not an opportunity to collect a big paycheck, if that is what you are asking (though like most areas of law, there are la few lawyers who will see it as an opportunity). If you do want to see a lawyer, there are several in the Atlanta area and larger cities, who primarily handle medical malpractice (not dabble in in with divorce, criminal, bankruptcy, real estate, etc.). The mistake should be brought to the attention of the hospital so they can make sure they have procedures in place to avoid a case with real potential damage.
Giving the wrong medicine may be a bad thing, but unless you can show that it actually did significant harm to you, there isn't likely a case. You can't sue for what could have happened. Even if it did harm, there are other hurdles in such a case. You didn't say how or if it harmed you which means there is no way to answer you fully here.