do I have a case

I was admitted into the hospital for kidney failure. During my stay there, they administered a medication that had nothing to do with the reason for which I was admitted. They over medicated me with a medication having nothing to do with my kidneys during which time it caused me to fall into unconsciousness. When my husband tried to help they made him leave for no reason other than trying to cover their own mistake.

Asked on January 4, 2019 under Malpractice Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Have you suffered permanent disability or life impairment because of the medication? Did you incur thousands and thousands of dollars in additional or unnecessary medical bills due this? Having you suffered a impairment in earning potential due to the medication? Unless the answer to at least one of theser questions is "yes," you would not have a viable case. The law only provides compensation for loss of earnings, for medical costs, and for long-lasting or permanent significant life impairment or disability ("pain and suffering"). Given that malpractice cases are expensive (you have to hire one or more medical experts--doctors--to examine you and your medical records, write reports, and testify), unless you have significant costs or loss of income or long-lasting disability, you'd spend more money on the case than you'd get back.

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