If my doctor gave me a prescription that could harm me if I mixed it with another one of my prescriptions, can I sue him for medical malpractice?
Question Details:
My doctor didn't check my list of medications and just gave one that if mixed with the other could harm me.
Were you harmed? Hopefully not--and if you were not harmed, you can't sue. That's because there are two components to a viable lawsuit. The first is fault, which in a case like this, is usually based in negligence, or unreasonable (or unprofessional) carelessness. What you describe could easily be negligence. However, there must also be injury or damage; the legal system does not compensate people for close calls or "might have beens." Instead, compensation is given for injuries actually suffered. If you were not hurt, you can't receive compensation. You can report the doctor to the relevant licensing board or organization, which will not get you compensation but may result in discipline for his potentially dangerous lapse.