If the prescription drugs that I’m on might be hazardous to my health so I’m supposed to be tested but my doctor has never sent me for a checkup, is this malpractice?

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If the prescription drugs that I’m on might be hazardous to my health so I’m supposed to be tested but my doctor has never sent me for a checkup, is this malpractice?

I have been under a workers comp doctor’s care for the last 9 years. and prescribed 2 medications to be taken daily. I should have been tested every few months but wasn’t. Do I have a case?

Asked on January 19, 2014 under Malpractice Law, Ohio

Answers:

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

Answered 7 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 have not had any adverse consequences (injury, illness) from not being tested, then you would not have much of a case because compensation would be based on medical bills resulting from the malpractice and pain and suffering resulting from the malpractice.  You would need documentation of the medical bills due to the malpractice and the medical reports documenting the nature and extent of your illness / injury due to the malpractice to support a claim of pain and suffering.  Compensation for the medical bills is straight reimbursement.  Compensation for pain and suffering is an amount in addition to the medical bills.

Without these items, you don't have a compensable injury; however, it would be advisable to discuss with another doctor the failure of your doctor to have the tests done and your concern regarding that issue. 

Although the failure to perform the tests may constitute a breach of the duty of due care as defined above; without a compensable injury or illness resulting from that omission, you would not have a case at this point.


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