Medical Malpractice Medical Malpractice/Prescription Error

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giantsfan7791

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Hi guys, new to the forum and i have a few questions. I have a 24 month old sister who recently went in for her two-year check up. The doctor noticed a very small rash on the back of her neck and wrote a prescription for an ointment to get rid of it. We filled the prescription and applied it to my sister over the last week. She got a lot worse, the rash has spread throughout her entire body and she has been crying every time we applied it. We didn't know what was wrong but we kept applying it per the doctor's order until we could see him again. The doctor had unfortunately been on vacation for a bit and when he got back (today), we went to see him and when we showed him the tube of the medicine we applied, he told us that it wasn't what he prescribed. It was in fact an extremely potent acne medication (Defferin). We went to the pharmacy where we filled the prescription and got a copy of their record. The pharmacy admitted their mistake but did not say anything else. Our doctor stated that even if he had prescribed that medication that the pharmacy should have called him first to ask why he was prescribing acne medication to a 2-year-old.

We took multiple pictures of my sister's rash (which is all over her back and chest), we have copies of all the prescriptions, the pharmacy has admitted their mistake, the tube itself with medication still in it, and we have a doctor who'll testify. Plus, i spent a little time just now researching the drug (brand name Defferin, drug name Adapalene), and found that is is indeed very potent and it is meant to penetrate deep into the hair follicle. Common side effects include: irritation, redness, dryness, itching, burning, stinging, increased risk of sunburn, and scaling. Furthermore, it should not be applied on rashes but none of this is stated on the tube itself.

I was wondering exactly how strong of a case we have and how much we could possibly be looking at in return.
 
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