Legal Question in Medical Malpractice in New York

Prescription written or filled incorrectly

I took my 4 yr old son to the emergency room last week for asthma attack treatment. The er dr prescribed medicine which I had filled at an independent pharmacy the next day. The rx bottle read ''1/2 tsp once a day for 4 days''.

After 4 days, I noticed little improvement in my son. He was still breathing irregulary & coughing.

Six days after initial er visit, I took my child to same er again as he was complaining of asthma symptoms. While there he required nebulizer treatment once again.

The er dr (a different one), asked how I'd been treating my child. I told the dr ''with xyz, 1/2 tsp once a day for 4 days''. The dr explained that was not sufficient for my child's weight and it was no wonder he hadn't improved sufficiently. Then the dr showed me on the hospital computer what the rx should have been ''2.5 tsp for 4 days''. She was very insistent that I look at the computer screen.

Now I am wondering did the pharmacy fill it incorrectly, did the second er dr change the rx in the computer?

I called the pharmacy (anonymously) and asked what they do with the original rx sheet after they fill it, and they said they keep it on file. What should I do? I am very upset about this.


Asked on 10/23/04, 1:26 pm

1 Answer from Attorneys
Andrea Bonina Bonina & Bonina, P.C.

Re: Prescription written or filled incorrectly

You certainly have the right to request a copy of your son's pharmacy and medical records. Under NY state law copies of such records are 75 cents per page.

As far as seeking a civil lawsuit, it may be difficult for you to get an attorney to represent you due to the small damages that were suffered. Essentially, although it sounds like something was done wrong, from what you have told me, it thankfully does not appear that your son suffered permanent damages.

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Answered on 10/25/04, 9:40 am


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