Do I have a lawsuit if the ER gave my son a medication that was not even for a child his age that could have made him sicker or even killed him??
Question Details:
My son is 9 mths and when he was 8 mths he was sick and I took him to the ER. They gave him a medication that is not even for a child his age. I was informed by the Om of the clinic my son goes to that the medication he was given has really bad side effect, even death, and a child his age shouldn't have been given that.
If your child was actually hurt, then yes, you'd likely have a malpractice lawsuit if an ER gave him medicine that was not appropriate for a child his age.
However, if fortunately your son was not injured, then even though the ER committed malpractice, there is nothing to sue for--there are no damages. (For almost all cases, the law follows the old rule, "no harm, no foul"; without bodily injury or monetary loss, there is nothing to recover in a lawsuit.) You could report the ER and/or the physician who gave your child that medicine to the appropriate licensing board(s) or regulatory agencies.
