Is it possible to file a case ona hospital that gave thewrong medicine to their patient?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it possible to file a case ona hospital that gave thewrong medicine to their patient?
Medicine to given to my nephew that caused him to chill and increase his heart rate to 190. The nurse always told us that he gave the right medicine and it has no side effect. Can we file a case against the management of the hospital, as well as on the nurse in-charge of giving the medicine?
Asked on October 20, 2011 under Malpractice Law, Alaska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Malpractice is literally "bad practice": it is giving medical care that does not meet the acceptable standards of care, such as through carelessness (negligence), inadequate training or equipment, etc. It can take many forms, including misdiagnosis, prescribing the wrong medicine, giving the wrong quantity of a medicine or failing to account for drug interaction, etc.
However:
1) The care must have been bad in some way. It's not enough not that there was a bad outcome for the patient--medicine is an art, not a science, and sometimes everthing is done right but the patient still suffers. If this was the accepted medicine to give under the circumstances, there was no malpractice.
2) There must be something to sue for. The legal system provides compensation for economic costs (e.g. extra medical care) or the pain and suffering associated with long lasting or permanent injuries or disabilities. If your nephew had a close call, but didn't suffer any lasting detriment, didn't need much additional medical care (or if he did, insurance paid for it), didn't lose wages, etc., there really is nothing to sue for--the amount he could recover would be much less than the cost of the lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.