If my doctor prescribed me the wrong medication do I have a case?

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If my doctor prescribed me the wrong medication do I have a case?

I recently went to the doctor and he sent to me the hospital to get a vaginal ultrasound. I went back to his office 2 weeks later when the test results were in. He went over the results and told me I have hyperthyroidism. He then tells me he will call in the prescription and see me in a couple months to see if it’s working. I went and picked up my prescription and it is for hypothyroidism. I thought it was wrong so I went back to my doctor and he wasn’t in but the nurse checked and said that I was right. And actually there is no medication I can be prescribed for hyperthyroidism.

Asked on November 18, 2011 under Malpractice Law, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your treating physician prescribed you the wrong medication but you never actually had the prescription filled to take the medication, you have no factual or legal basis for a medical malpractice action against your treating physician.

In order to have a factual and legal basis for a medical malpractice action against a medical physician, the doctor had to have fallen below the standard of care for the type of physician he or she is with respect to the claim being presented and damages had to have been suffered by the patient. In your case, you suffered no damages.


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