Legal Question in Medical Malpractice in Louisiana

Daytrana Overdose

In March 2007 my grandson (9 y.o.) was prescribed Daytrana 10mg for his ADHD. We had the prescription filled and followed the directions as to applying (when and how long). We applied the patch in the morning. When he came home from school around 3:30 my wife called me, as he was acting unusually wierd. I had gotten his Daytrana box to read on effects and looked online about the drug reactions. I then noticed the pharmacist had given us the 30mg patches with the 10mg label on it. We rushed him to the ER where he was classified as being OD having breathing problems, sinus tachycardia, anxiety, etc. He was put on oxygen to help breath and a cardiac monitor. I have yet to live this down, by my wife, as I am expected to protect my grandson. She keeps reminding me that he could have died and he could have. Can I (we) hold this pharmacist/pharmacy responsible for this action?

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