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What is my legal recourse if I was prescribed the wrong dosage of my medication and was hospitalized as a result?

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What is my legal recourse if I was prescribed the wrong dosage of my medication and was hospitalized as a result?

I was being prescribed a certain medication on a monthly basis. The medication contained apap. I would normally see the doctor every other month for my prescriptions but as my appointment approached the doctor’s office called and said it would have to rescheduled and they would just call in my prescription. When I picked it at a chain pharmacy, I later learned that it was the wrong dosage and the number of pills was different. The medication had 250 mg more apap than normal. Within a week I was hospitalized with liver and kidney failure where I remained for over a week. Is there any recourse? Should I speak with a malpractice attorney? In Dallas County, TX.

Asked on February 4, 2011 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Definitely speak to a medical malpractice attorney; you may indeed have legal recourse. The fact that someone has a bad medical outcome does not, by itself, mean there was malpractice; medicine is an art, not a science in many ways, and sometimes people do not do well. Howeever, if someone is injured due to carelessness or negligence--for example, a doctor calling in the wrong presciption, or a pharamecy either mixing up the wrong dosage or giving person A the prescription belonging to person B--then that may very well be malpractice. A wrong dosage case that results in hospitilization is often a case of malpractice,  so you should discuss the situation in detail with a malpractice attorney who can evaluate the strength and potential compensation of your case.


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