What are my legal options if twice this month I’ve had to call my doctor’s office for refills on my medications and they faxed the prescription to the drugstore but the prescriptions that were faxed and filled were incorrect?

One was double the dose I normally take the other was not an extended release like I normally take and should be taken twice daily instead of once daily as before. Since I didn’t realize the difference for a couple of weeks, I potentially could have died.

Asked on October 18, 2015 under Malpractice Law, South Carolina

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm.
If you were not injured as a result of the incorrect prescriptions, you don't have a case because you will need to document medical treatment caused by the incorrect prescriptions.
If you were injured and can document medical treatment, obtain your medical bills, medical reports and documentation of wage loss.  Your claim filed with the doctor's malpractice insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of your injury/illness/ medical condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the doctor's malpractice insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file a lawsuit for negligence against the doctor.
If the case is NOT settled with the malpractice insurance carrier, your lawsuit for negligence against the doctor must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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