QUESTION

Do I have a case against the dr or the hospital? My Dr prescribed a lidocaine patch as well as nearly injecting it. Allergy is listed in my chart.

Asked on May 22nd, 2012 on Medical Malpractice - North Dakota
More details to this question:
I had to ask dr to verify they were not using lidocaine during cervical block (injection). My driver was In the room too and saw that they had lidocaine on the cart and that they switched it when I asked about it (face down on table awaiting injection). In addition the had put an armband on me tht belonged to another patient and it was never checked when I was moved to the procedure room. Furthermore, a year prior, during knee surgery at the same hospital, the anesthetist nurse was about to "numb up" my hand with lidocaine for IV placement while discussing my lidocaine allergy with the floor nurse (who was on a phone call to a pharmacst to see if there was another drug that we could use instead of lidocaine). Again it was only because I asked "not with lidocaine though right?" that she threw the syringe in the biohazard container and told me it was good thing I said something. I have called the hospitals patient services and was told I''m sorry, there''s nothing I can really do for you
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1 ANSWER

I am sorry to hear about these problems you have been experiencing.  However, unless you actually suffered damages as a result of  the actions of the doctors, nurses and/or hospitals, then you will not have a case.  You must suffer actual harm and/or monetary damages as a result of them giving you the lidocaine.  It doesn't sound like they ever gave you any (thank goodness - and only because you were so diligent), and thus, without some kind of harm or damages, you will not have a case. Best of luck. NOTE:  This response is general in nature and should not be considered legal advice.  No attorney client relationship exists or is formed by this information. 
Answered on May 23rd, 2012 at 12:45 PM

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