Can I sue a hospital for giving me a drug that I told them I never wanted?

I gave birth about 8 months ago and while I was at the hospital I typed up a birth plan; in it I refused most of the routine services and drugs. I had an IV in and before they gave me anything in the IV, I confirmed what type of drugs were in it. Months later I received an itemized bill; it stated that I received Pitocin a couple of times. However, I flat out refused any drugs like that. The doctors knew and the nurses knew. I think while I was giving birth they snuck this drug in without my permission. Is that legal? Don’t them have to inform you of drugs you are receiving? While trying to get my medical records, and trying to dispute the charges on my bill, I was sent to collections.

Asked on November 6, 2014 under Malpractice Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can only sue if you were injured in some way--such as if the drug harmed you or your baby. Without an injury, even if the hospital did something wrong, there is no recovery or compensation: lawsuits only provide compensation (money) for injuries, property damage, additional costs you incurred due to the allegedly wrongful act, etc.

You can report the hospital and/or doctors to the state licensing board, for their violation of the birth plan.

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