Can I sue for malpractice?

I was experiencing dizziness and confusion
and fell a few times at home. I went to an
emergency room and found that I was in renal
failure. They kept me for three days. They
asked if I was on any new medications and I
told them yes my doctor put me on meclizine.
I was told you can’t give this medication if
you have high blood pressure, high
cholesterol, depression and diabetes. Well I
have all four. My PCP knows that I have all
four because she gives me the medicine for
them. I feel she is responsible for making me
go through this. I was afraid I was going to
die. I am now receiving bills from the
hospital. I can’t afford these bills. Can I
sue her for negligence?

Asked on March 21, 2016 under Malpractice Law, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You may be able to sue her for malpractice (medical negligence): if she had prescribed medicines for those other conditions, then as you indicate, she necessarily knew you had them; therefore, it would have been negligent (unreasonably careless) to put you Meclizine. You could potentially recover your hospital bills, lost wages and, if you have any lasting effects, some amount for "pain and suffering." It would be worthwhile to consult with a malpractice attorney; many provide a free initial consultation to evaluate a case, and you can ask about this before making an appointment.

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