Adverse reaction prescription stronger than my symptoms

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Adverse reaction prescription stronger than my symptoms

Hello my primary care physician prescribed me a medication that was stronger than
I needed based on my symptoms. As a result I then had an severe adverse reaction
to the medication which caused me to the emergency room I called my Dr’s
emergency hotline and was told my reaction was dangerous and I needed to go
straight to the emergency room. The ER Doctors informed me that my Dr never
should have prescribed me the medication because I only had nausea and this was a
drug to treat schizophrenia which I dont have and nausea.

As a result I now have bills for a couple thousand dollars from that ER visit,
after insurance. Should I reach out to my Dr or the Medical company for
reimbursement on this issue. If so how?

Asked on April 11, 2016 under Personal Injury, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

The doctor *may* be liable: it depends on whether the doctors you consulted with in the ER were correct, and this is not a drug that should ever have been prescribed to you; or if based on the symptoms you related or showed to your primary physcian, this drug was a not unreasonable choice, one that other doctors may have prescribed, even if in this case, it worked out poorly for you.
Doctors are liable essentially only when their prescriptions, treatment, etc. is not medically reasonable--that is, it is negligent or careless, and no reasonable doctor would have done or prescribed that. But if there was a range of treatment options and this was one acceptable option, then the doctor was most likely not liable.
Assuming the ER doctors were right, then your doctor may have committed malpractice. However, if he won't voluntarily pay for your ER costs--which you can initially pursue by either yourself, or through a lawyer, asking him to pay and providing an explanation/evidence of why he should pay--it may be cost prohibitive to purse the claim. A malpractice case requires a medical expert witness, who can easily cost $1,000 to $3,000 between examining you, doing research, writing a report, and testifying. Since cases are never guaranteed to win, you could--even without factoring in attorneys fees--spend a great deal on the case only to not recover anything; or to recover little more than you spent.


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