If my doctor gave me a prescription that could harm me if I mixed it withanother one of my prescriptions, can I sue him for medical malpractice?

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If my doctor gave me a prescription that could harm me if I mixed it withanother one of my prescriptions, can I sue him for medical malpractice?

My doctor didn’t check my list of medications and just gave one that if mixed with the other could harm me.

Asked on September 17, 2011 under Malpractice Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Were you harmed? Hopefully not--and if you were not harmed, you can't sue. That's because there are two components to a viable lawsuit. The first is fault, which in a case like this, is usually based in negligence, or unreasonable (or unprofessional) carelessness. What you describe could easily be negligence. However, there must also be injury or damage; the legal system does not compensate people for close calls or "might have beens." Instead, compensation is given for injuries actually suffered. If you were not hurt, you can't receive compensation. You can report the doctor to the relevant licensing board or organization, which will not get you compensation but may result in discipline for his potentially dangerous lapse.


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