Do I have a case against the ER, they sent me home with the wrong medicine to treat my 2 year old’s UTI?

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Do I have a case against the ER, they sent me home with the wrong medicine to treat my 2 year old’s UTI?

Asked on February 11, 2011 under Malpractice Law, North Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Whether you have recourse depends upon whether your baby was harmed. The legal system compensates people for their injuries or losses.  If your child did not suffer any damages there is nothing to sue over. The law does not compensate for "near misses."  While I'm not minimizing your anxiety over this I do want to make you aware that there may or may not be a valid claim here.  Without more details it's hard to know.

That having been said, if there was some harm suffered by your baby, then this may well have been a case of professional malpractice and negligence, under which you could sue for compensation for the harm.  This would include any medical costs it has or will cause. If this is the case, make sure to keep all evidence and records in a safe place and speak to a medical malpractice attorney ASAP; consultations such as this are free.


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.

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