What is my legal recourse if I was given the wrong medicine?

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What is my legal recourse if I was given the wrong medicine?

I went into the doctors office to get my second Gardasil shot. I sat in the waiting room for over an hour before I informed the front desk that I still had not been seen for my shot. A nurse same rushing out shortly after to the waiting room an d wasvery apologetic saying she thought another nurse had already come out to get me. The nurse administered what I thought was my second Gardasil shot. I received a call from the nurse approximately 1 hour after my appointment. She informed me she accidentally gave me Depo-Provera. Is there any legal action I should take?

Asked on June 27, 2011 under Malpractice Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

You would have a claim for negligence against the doctor's office.  The doctor would be liable for the negligence of the nurse in giving you the wrong shot because an employer is liable for the negligence of an employee which occurs during the course and scope of employment.

If you did not have any adverse consequences as a result of being given the wrong shot, the amount of compensation you may receive would be nominal.  Prior to filing a lawsuit for negligence, you may be able to settle the case with the doctor's insurance carrier.  If you are dissatisfied with settlement offers, reject the settlement offers and file your lawsuit for negligence.  You will need to file your lawsuit prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

You should obtain your medical records showing that you were given the wrong shot as evidence to support your claim of negligence.

 


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