QUESTION
My doctor prescribed me a medication that was 10 times the strength I was already taking from another doctor. Do I have a medical malpractice case?
Asked on Sep 19th, 2012 on Medical Malpractice - Ohio
More details to this question:
I see 2 physicians, a sleep specialist & a psychiatrist. My S.P. had been prescribing doxepin 4 sleep. I started taking 30-40mg in 2011 but weaned myself down to 20mg as of March 2012. On a recent visit with my psychiatrist, he mistakenly prescribed me the same drug(doxepin) but 10 times the strength(200mg). In a prior visit, the Psych Dr. documented in his report that he gave me a prescription 4 the same medication & same 200mg strength. In fact I take 3 medications he prescribes me & he mistakenly substituted doxepin 4 another. I've obtained pharmacy records & his records & he did not previously write a prescription 4 the doxepin like he had reported. I took the medication unaware it was the 200mg. I stumbled & hit my head on a hall cabinet, blacked out & fell down 4 steps. I subconsciously drove 2 & from the hospital at 12:30am. Later it was found I had a head contusion, sprain wrist, strain cervical and tendinitis of the shoulder I fell on. Severe anxiety and trouble sleeping.
1 ANSWER
Catastrophic Injury Attorney serving Roseland, NJ
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John J. Ratkowitz
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You may have a medical malpractice case against your physician or a claim against the pharmacy depending on where the mistake originated. If they question will be whether your case is financially viable.
Medical malpractice cases are very costly and time consuming for lawyers to pursue, and in most circumstances attorneys will not take them on unless a patient suffered a significant permanent injury that causes substantial disability as a result of the medical mistake. I probably would not take on your case because I do not think I would be able to cover the time I spent on it with the fees I was awarded through a contingency arrangement. Nevertheless, attorneys have different standards. Some attorneys will take on cases that are less profitable because they do not have sufficient business to turn borderline cases away. Additionally, you may be able to convince an attorney to take the case on if you agree to pay the expenses along the way.
You should contact a local medical malpractice attorney (one in your state). They take these cases on a contingency basis which means you only have to pay if you succeed. Additionally, initial consultations are usually free. You can use the "Find a Lawyer" service through this website to research medical malpractice attorneys. Then, visit each attorney's website and look for a firm that has a record of successful verdicts.
Below are some articles you may find helpful. They are written for a New Jersey audience (where I practice) but the ideas discussed in these articles usually apply in most other jurisdictions as well.
Click here for an article that discusses the three main questions I ask when deciding whether to investigate a potential medical malpractice case.
Click here for an article that explains what you can expect when filing a medical malpractice case.
Click here and here for more information about me.
Please note that by attempting to answer your question, I am not acting as your attorney. I will do nothing further to protect or preserve your interests in the absence of any additional discussion with you about this matter. John Ratkowitz, Esq. Starr, Gern, Davison & Rubin, P.C. 105 Eisenhower Parkway Roseland, NJ 07068 Office: (973) 830-8441 Cell: (732) 616-6278 Fax: (973) 226-0031 Email: jratkowitz@starrgern.com Skype: john_ratkowitz Web: www.starrgern.com.
Answered on Sep 20th, 2012 at 9:52 AM