Unless your mother took the medicine thinking it was hers and was then injured or damaged by the medicine, then you likely do not have a case. In order to have a medical malpractice case, you must have actual damages and a "could have" situation will not suffice. This is because most state laws make it very difficult to sue a doctor, pharmacist or other health care provider and damages must be very high in order to justify pursuing litigation. However, you might have grounds for a HIPPA violation/complaint. I recommend you review the website with instructions on why and how to file a complaint: http://www.hhs.gov/ocr/privacy/hipaa/complaints/index.html.
NOTE: This response is general in nature and should not be considered legal advice. No attorney-client relationship exists or is formed by this response.
Answered on Aug 06th, 2013 at 9:56 AM