If my disabled cousin, who is undergoing dialysis, was given an incorrect medication which

made her sick does she have a case?

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If my disabled cousin, who is undergoing dialysis, was given an incorrect medication which

made her sick does she have a case?

My cousin, who is trying to get on a transplant list and whose immune system is already compromised, can’t afford a setback like this as she loses ground. My cousin says that the staff there do not treat clients well and this is one example.

Asked on August 20, 2017 under Malpractice Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

IF this in fact causes her some significant injury or harm (e.g. causes her to miss getting a transplant), she can very likely sue for malpractice. But she first needs to suffer an actual, not merely theoretical or possible, harm. The law only provides compensation for actual damage, costs, injuries, not for what could or may happen.


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