Can I sue my child’s pediatrician and/or CVS for prescribing my 7yr old medication the says ‘Do not use for children’

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Can I sue my child’s pediatrician and/or CVS for prescribing my 7yr old medication the says ‘Do not use for children’

10/6/2016 My husband took my children, son 8 and daughter 7, to their yearly
physical. My husband explained how they were diagnosed with a respiratory
infection just the week earlier. By the end of the physical, the doctor
prescribed my daughter MiraLax. My husband filled the script, and was given
polyethylene glycol 3350 as a substitute. My husband gave my daughter a dose
that Saturday morning. Saturday evening, she came to me saying that she was
blind for a minute. When I asked her to explain she said something came over
her eyes and she couldn’t see. I took it as she was just tired and needed rest.
She received two more doses Monday and yesterday, Last night she came to me
again and said she was scared because she couldn’t see again. I decided to read
the label, to see what the side effects were only to come across the label
saying ‘ Do not give to children’ What should I do at this point? My husband is
already on his way to an emergency room to get her checked out

Asked on November 9, 2016 under Malpractice Law, District of Columbia

Answers:

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

Answered 4 years ago | Contributor

Medical malpractice is negligence.  Negligence is the failure to exercise due care which is 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.
Negligence on the part of the pharmacy is the failure to exercise due care which is that degreee of care that a reasonable pharmacy would have exercised under the same or similar circumstances to prevent foreseeable harm.
When your daughter completes her medical treatment and is released by the emergency room doctor and/or other doctors if additional treatment is necessary or is declared to be permanent and stationary which means having reached a point in her medical treatment where no further improvement is anticipated, obtain her medical bills and medical reports.  Her claim filed with the pediatrician's malpractice insurance carrier and the pharmacy's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports will document the nature and extent of her condition and will be used to determine compensation for pain and suffering which is an amount in addition to the medical bills.
If the case is settled with both the pediatrician's malpractice insurance carrier and the pharmacy's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from those insurance carriers, reject the settlement offers and file a lawsuit on behalf of your daughter for negligence against the pediatrician and pharmacy.
You will need to be appointed guardian ad litem to file a lawsuit on behalf of your daughter because she is a minor.
If the case is settled with one, but not both parties (pediatrician and pharmacy), only name the party with whom the case has not settled as a defendant in your daughter's lawsuit.
If the case is NOT settled, the lawsuit on behalf of your daughter must be filed prior to the expiration of the applicable statute of limitations or your daughter will lose her rights forever in the matter.


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