Legal Question in Medical Malpractice in Kentucky

My son seen a dr. for an infection, the doctor told me he was changing the dose of his medication from one teaspoon BID to one and a half teaspoons TID. When I took the prescription to the pharmacy they gave me a 16oz. (473ML) bottle of his antibiotic, that said take one and a half teaspoons TID until gone. I thought that was a lot for a 20 mth. old child. I called the dr. office. The recptionist stated that if thats what the label said to give it to him until it was gone. I ask her several times to look in his chart to make sure she repeatly told me to give him this medication until gone. And was being very rude and disrecpectful. I told her I wanted to know how many days the doctor said to give this to him. After several minutes of arguing eith the receptonist to find out the information I was needing to know, she then put me on the phone with a nurse. I then explained to her what I was needing to know and why. She told me she would call me when the dr came out of the room with another patient. When she returned my call she said the dr wants him to take this for ten days. which would be 225ML. Which had I listened to the recptionist he would have taken more than twice the amount of antibiotics needed. I abtained a copy of the prescription that the dr had wrote from the pharmactist. the doctor had wrote out for 473ML of antibiotics to be given. Had I not questioned the amount of medication that was given to me for my son and gave the entire bottle, He would have had too much of this medication. The medication was Bactrim oral solution. Is this considered malpractice? The Dr. wrote the prescription wrong. Although there was no harm done there very well could have been had I not been so cautious.


Asked on 12/23/09, 9:30 am

1 Answer from Attorneys

Thomas McAdam Thomas A. McAdam, III, Attorney

It is not possible to give you a clear legal answer to your inquiry without a more detailed evaluation of the facts of your case.

From your description of the facts, it appears that the doctor may have initially made a mistake, and that your timely inquiry prevented the possibility of danger to your child. It would be difficult, if not impossible, to maintain a malpractice lawsuit against a physician when there was no harm and no damages.

You should not take any action, based upon my advice, without consulting an attorney and explaining all the facts to him. You are best advised to seek the services of a competent Kentucky attorney. You can telephone your local bar association for a referral, or can find a good lawyer on-line at the Kentucky Bar Association's Lawyer Referral Service:

http://www.kybar.org/Default.aspx?tabid=291

Good luck!

Thomas A. McAdam, III

Attorney at Law

234 South Fifth Street

Louisville, Kentucky 40202

(502) 584-7255

[email protected]

Read more
Answered on 1/05/10, 10:28 am


Related Questions & Answers

More Medical Malpractice Law questions and answers in Kentucky