Legal Question in Civil Litigation in New York
Doctor Prescribed Medicine that was not suppost to be taken.
A doctor gave 2 sample bottles of medicine called Wellbutrin, Wellbutrin isnt suppost to be taken with a orthotrycycline medicine.(says nurse direct which is an accurate source) The person who received the medicine suffered vomiting and vomiting bile, missed work and school because of sickness and suffered emotional difficulties. The doctor was negligent in giving out this medicine without first checking what medicine the patient was on at the time.
Is there any legal matters associated with this issue and the doctors negligience?
1 Answer from Attorneys
Re: Doctor Prescribed Medicine that was not suppost to be taken.
The answer to your question is too complex to fully answer here. Generally, however, assuming that the medication was contraindicated, a case of malpractice could be established, but the cost of doing so may outweigh the value of the damages that were suffered. Unless there were significant injuries, it would not be worthwhile to bring such a lawsuit. It generally costs thousands of dollars to properly handle a medical malpractice case. If the victim merely suffered some episodes of vomiting and became anxious or upset for a short period of time, the damages would probably not be great enough to warrant bringing a lawsuit.
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