Ketorolac (Toradol) given to pt w/ known hx of renal failure and heart failure

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Dharmatess

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Pt (male, 31) w/ well-documented (but stable) hx of CHF, CRF (creatinine between 1.9 and 2.3, BUN 44, GFR 44 in months pre-op) and Type 1 diabetes was given Toradol (ketorolac) post-op after recent pacemaker surgery; suffered acute renal failure as a result (creatinine 4.0, potassium 8.1), was discharged as "stable" after 36 hours but died three days later at home.

Doctor actually said "oops" after seeing Toradol had been ordered and administered, despite the drug being contraindicated in a patient with heart failure and/or renal failure.

Do we - his family - have any legal recourse regarding this error?
 
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