A Pharmacy mistake

[Duke83]

My son is very autistic, he is very violent and there are certain pills that he should take every month. About a month ago, I went to the pharmacy and while they measured out how much dosage each pill obtained, they used the wrong the measurement. Each pill was about ten times the dosage it was supposed to be. Soon after taking that pill, his eyes went into the back of his head and he couldn't breathe. For awhile in the hospital he was on the brink of death, and he woke up a couple of weeks ago and now he is just starting to walk again and eat by himself. I want to sue for the horrible stress my son went under, for the bills I shouldn't have to pay from the hospital, and for my emotional stress as well. Should I sue for neglectance? and if I do that, will that still require them to pay for all the expenses for the hospital? because I had a hard enough time paying for his pills, and this hospital bill I can't afford, and i don't know how much my insurance will pay for ----Duke83

 

[calalily]

Maybe malpractice?

May be malpractice. Here's definition of malpractice - failure to provide professional services with the skill usually exhibited by responsible and careful members of the profession, resulting in injury, loss, or damage to the party contracting those services. Though accountants, lawyers, and other professionals can be charged with malpractice, the term is most commonly associated with medical professionals (e.g., doctors, nurses, hospital technicians.) Most medical malpractice suits are for negligence on the part of medical professionals in providing expected level of care. In recent decades, partially as a consequence of medical costs, there has been a considerable expansion of medical malpractice suits. This has led to vastly higher rates for malpractice insurance, and, some observers contend, a "defensive" approach to medicine in which medical personnel are unwilling to order any potentially risky procedures, and protect themselves against subsequent legal action through excessive patient testing. There have been a number of proposed solutions to the increasing burden of malpractice costs, including compensation boards, no-fault statutes, limits on the amount of damages available in various malpractice suits, and an annual limit on the amount that malpractice insurance premiums can increase. Under the Employment Retirement Income Security Act (1974), managed-care organizations are protected from claims for damages resulting from a denial of benefits.

Hope this helps, but only a lawyer skilled with medical issues can tell you for certain. I would get a lawyer who specializes in medical issues (Doctors, hospitals, etc..) rather than personal injury, (slips and falls, car accidents). Just my opinion...

 

[lwpat]

I assume someone has tested the pills and confirmed your story. The pharmacy is responsible. If there is no permanent problems, you should talk with them and file a claim with their insurance company. This will be the quickest way to settle if the adjuster is reasonable. You need to keep the pills in a safe place where they cannot be accidently used again but held for evidence. Do not turn them over to the insurance company.

If they give you the slightest bit of runaround, retain an attorney experienced in medical issues.