Legal Question in Medical Malpractice in New York

incorectly given medication

There is a woman, undergoing chemo, got in the hospital because her doctor incorectly gave her cetain chemo drug.

Doctor had to premedicate her with another drug to avoid side effects, but he didn't. So she got severe side effects and got in hospital for a week and underwent very painful medical procedures. Now, does she have a case here?


Asked on 1/08/04, 2:15 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: incorectly given medication

While there may be liability, it does not sound like it is worth very much in money damages.

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Answered on 1/09/04, 8:08 am

Re: incorectly given medication

She may have a case. However, as with all medical malpractice cases in New York, a doctor must certify that the original doctor committed malpractice. Usually, the current doctor can do that. Whether it make sense to pursue a case depends on how bad the injuries are because these are expensive cases to pursue. If you wish to discuss the case with me please call me at 212-622-7180. My firm handles these cases on a contingency basis.

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Answered on 1/08/04, 2:19 pm
Andrew Frisch Morgan & Morgan, P.A.

Re: incorectly given medication

There may be a case for medical malpractice here. However, in order to fully review the case I would need additional facts. In NY a licensed doctor must evaluate the case and tell you there is malpractice before you can bring a case.

If you are interested in speaking with an attorney, my firm handles these types of cases and has combined over 60 years of experience.

We handle claims on a contigency basis, meaning you do not have to pay us until there is a recovery of money in your case.

Feel free to give me a call to discuss this matter at (877)NYC-LAW1 or (877)692-5291 for a free consultation.

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Answered on 1/08/04, 2:39 pm


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