Legal Question in Medical Malpractice in North Carolina
Incorrect compounding of medication led to hospitalization
My wife was the recipient of a
medication that was incorrectly
compounded at 1000 times the
prescription. If we had tried to treat
her flu like symptoms at home, the
doctor said death may have become
a reality. Fortunately we acted and
spent 3 days in the hospital.
Several major tests (CT Scan, Spinal
Tap, etc.) were conducted. The
pharmacist has tested the
medication and admitted their
mistake. We both wish to settle out
of court. What reasonable
compensation should we expect
from this error on the pharmicists
part?
2 Answers from Attorneys
Re: Incorrect compounding of medication led to hospitalization
To start, I'm glad to hear that tragedy was averted in this situation.
There is no "formula", if you will, for computing what compensation should be paid to your wife and you for this pharmacy error, but some of the factors would be: Hospital bills; extent of any past or current pain and suffering; any continuing disabilit; and, any loss of income. Of course, if there is any continuing care or treatment related to this medication error, those costs should be added (or estimated if there is to be a settlement prior to completion).
If this pharmacist / pharmacy has any history of repeated mistakes, your claim may be more "valuable" as the responsible parties might be anxious to keep this instance from becoming publicly known once it is filed as a lawsuit.
If the settling party requests confidentiality (which is likely), you may or may not -- due to tax consequences -- wanted additional compensation paid for that aspect.
Best of luck to you both going forward.
Have a good day.
Tom
Re: Incorrect compounding of medication led to hospitalization
Every case has its unique set of factors that will become the eventual formula for calculating damages. But, factors that will be considered will be your actual expenses/bills, pain and suffering, anticipated future medical needs, current and ongoing disability, the pharmacist's history that are directly related to your injury and current circumstances.
I would recommend that you seek advice from an attorney to assist you with this matter.
Good Luck.
Sincerely,
Joseph Estwanik IV
www.EstwanikLAW.com