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 10 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.


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