Legal Question in Medical Malpractice in New York

ive had asthma since i was born. ive always used proventil inhaler. Ive had no problem using the inhaler. But know my insurance company doesnt allow proventil but gives me proair hfa inhaler. Since

ive been using this inhaler, its a hit or miss on it working. Ive complained several times to pharmacy. last night I had a severe asthma attack. I went into my closet and grabbed a brand new inhaler that was still in the box. I went to use it and the medicine would not come through. I kept pumping and trying and nothing. I desperate measures I grabbed my electric neublizer to help control my breathing. I called proair today and told them the incident. The women for proair told me that when that happens i need to clean the inhaler in hot water and then let it air dry for 24 hours. so, basically if someone cannot breathe they should wait 24 hours before there inhaler works. Absolutely ridiculous. I could have died last night if I didnt have a back up medicine. If I was out to dinner or something, I would have been in the emergency room. Is there any legal case?

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