What to do if there was a mix-up in my son’s prescription medicine?

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What to do if there was a mix-up in my son’s prescription medicine?

My son’s doctor prescribed my son amoxicillin. The bottle said give 10 ml twice a day for 10 days but the bottle only had 100 ml of medicine and no refills. I gave him the 30 ml in a day and a half and realized that it didn’t make sense. I called a friend who works as a pharmacist and she pulled up the info and she said that with his weight and at the highest severity he should. Be getting only around 6 ml and the doctor and pharmacy messed it up. Do I have a case?

Asked on March 20, 2013 under Malpractice Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The key factors involved in proving medical malpractice are:

  • A doctor or another medical professional made a mistake, and
  • You were harmed by that mistake

Specifically with repect to the latter, it's not enough just to show that your doctor and/or pharmacy made a mistake; you must also prove that the mistake resulted in "damages" (i.e. physical harm). Unfortunately you did not indicate what, if any, harm your son suffered. If there was none, then you have no case.

 

Usually, any malpractice case is a long and complicated legal matter because it's not always fast or easy to prove those two things.


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