What to do if my 4 month old son was hospitalized for 2 weeks due to an incorrect dosage of medicine which was 5 times more than the normal dose?

He had reflux and heart problem so for his heart problem he was given Lasix. The pharmacy filled in the incorrect dose for Lasix. Before this happened my son wasn’t feeding well through the bottle and with this incorrect dose he started eating even less, got dehydrated, lost weight and had an electrolyte imbalance. At present we are at home but still he is not eating well and has a tube in his nose for feeding. So do I have a valid case against the pharmacy for the above damage?

Asked on January 17, 2013 under Malpractice Law, Arkansas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you can show that your son sustained an injury or a worsening of his condition because of the negligence of the pharmacy, then, yes, you would have a valid personal injury claim against the company and the pharmacist.  You have some facts that are slightly more similar to a medical malpractice claim, than a generic car wreck case.  Visit with a medical malpractice attorney, or two depending on the feel that you get from the attorney.  A good med mal attorney will be able to give you an assessment of your case and direct you towards experts that can help you make your case.  You need an expert to help prove that the injuries sustained by your son were the direct result of the negligence of the pharmacy.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.