medical malpractice

[kimmy]

it's been known that i'm allergic to keflex since i was a little tiny kid. it's in my medical chart, probably has been for the past FIFTEEN YEARS. i went to urgent care about a month or so ago with a swollen throat (i had strep again) and i couldn't speak, so i couldn't tell the doctor i am allergic to keflex. when he asked if i was allergic to anything, i figured me nodding YES would prompt him to read my medical chart. apparently not.

he prescribed me keflex three times a day for ten days. i didn't realize it until i was home and had already started taking it. on the ninth night, i had little red dots on my legs...the next morning i had those little red dots everywhere except my face, was running a fever and was completely delirious. a couple days later, my face broke out in these big red knotty bumps (which is why i haven't been around specktra much lately) and my neck broke out with welts. they look like holes in my skin, and they hurt. it's been about two weeks, my face isn't getting better and neither are the welts.

i talked to one of my best friends who's an emt and he said that these are most likely the result of being given something i'm HIGHLY ALLERGIC TO. he also said that i might check into medical malpractice since it is in my chart and they prescribed it to me anyway. he said that because it is (or should be) considered malpractice, they will pick up the tab for any medications and/or treatments it's going to take to repair my skin. buut, i don't know how to go about this. do i need a lawyer? is this really malpractice?

this is just really difficult for me because my terrifyingly horrible skin is really not doing good things for my self esteem (yes, i know that sounds lame...but it's true, it's really messing with my head.

) and i just want this nightmare to be OVER. as soon as possible, no matter what it takes.

tia!

 

[OhSweetJane]

I'm not an attorney, I just play one on TV.... but yeah, it is malpractice.

Prescription error is actually quite common, as thousands of people in this country are injured and/or killed as a result of being prescribed the wrong medication.

With that being said, you need to decide how much time, energy, and money you want to devote to pursuing this.

You could talk to an attorney about this but I don't think this is the kind of case where one is really necessary.

Now, if you had to have a leg amputated as a result or this or something along those lines, then yeah go the route of the attorney, but personally, I don't feel that you need to incur the cost of an attorney.

Personally, if I was the one in your position, this is how I would proceed.

Before I did anything, I would see another doctor while I still had the symptoms to document the allergic reaction. I would tell the new doctor all of the symptoms I was experiencing and any pain I might be feeling. I would hope that my doctor would come up with the diagnosis of an allergic reaction as a result to being prescribed medication. It will be difficult, if not impossible to move forward without proving your damages.

In your case, I don't know that your friend, the EMT is sufficient enough to diagnose your symptoms as I don't believe that he was acting in a professional capacity. It's like If I asked my next door neighbor, the dental hygienist why my tooth hurt and she said, "Well maybe you have a cavity!", it's not the same as me going into my dentist and having him check out my actual mouth. Do you get what I mean?

Once I had documentation of the allergic reaction as proof, I would file a a formal complaint against the doctor to the state medical board. This doctor made a mistake and it could have seriously harmed your or killed you and there needs to be a record of that. Not just for you, but for every patient after you.

Once I did those two things, I would get all the documentation regarding this - all doctors reports, copies of the prescription, prescription receipts, doctors bills, pictures of the rashes, any costs incurred as a result, etc. and I would go to the courthouse and I would sue that doctor in small claims. I would tally up whatever costs I incurred as a result of the allergic reaction plus pain and suffering (don't ask for a ridiculous amount either, judges hate that!) and I would sue for the days I missed work as a result of this.

When you're before the judge, state your case and be very specific about your symptoms and the discomfort and pain you went through as a result of this doctor's negligence. Show the judge your medical record with the list of medications you are allergic to and then show the bill from the pharmacy to prove that you were prescribed that medication. Show any pictures you may have of the rash, bring your friend the EMT as a witness or get an affidavit from him with you to court.

All these things will aid you in winning your claim against the doctor. But remember, in court you have to prove your damages. You can go in there and explain what happened, but if you have no proof of how you were damaged, you may not win your case. Keep that in mind.

Good luck and let me know how it goes.

 

[MxAxC-_ATTACK]

you need an attorney.. Ive been trying to get the hospital to pay my medical bills for over a year now :/ .. its no easy task.

 

[Shimmer]

I agree, get an attorney.

 

[OhSweetJane]

If it would make you more comfortable, consult an attorney.

Just don't waste your time or money and actually hire one.

(The internet collectively gasps in disbelief!)

Look, if I felt you needed an attorney, I would recommend one.

I just feel that this is something that you could pursue independent of counsel.

Let's look at the facts okay?

You didn't pay attention to the medication you were prescribed, you took it, and it gave you a rash.

I'm not trying to minimize what happened to you, if anything, I'm trying to do the opposite.

The truth is you didn't lose a kidney, your job, your eyesight, from the best of your knowledge, all you got was an allergic reaction.

Seriously, I will print you out a top that says "My doctor committed malpractice and all I got was this lousy t-shirt....and an allergic reaction."

I don't even feel comfortable calling it that, until a doctor diagnoses you with it. For all you know, your symptoms are a result of some other cause.

That doesn't mean that your doctor didn't fuck up royally.

But I want to make sure that you are being realistic and you realize that suing Dr. Fuck-Up will not land you a million dollar windfall.

You're not going to Jamaica or buying a Mercedes with the money you may win in this case, with OR without a lawyer.

So at best, you need to figure out what your goal is and how you want to go about pursuing it.

From my understanding of it, you just want to be recompensed for the medicine, the doctor's bills, the pain and suffering, and all that right?

Well add all of it up and find out what the total cost of everything is.

These are your damages. This is what you want to sue for.

Then contact a malpractice attorney, make sure he/she specializes in prescription error and ask them to estimate the cost of their services in this case.

I will go out on a limb and say that it will probably meet or exceed what your damages are.

Sure you may feel more confident going with a lawyer, but what will you win in the end of it if you also have attorney fees on top of your medical bills?

Ask anyone who has ever gone through a malpractice suit, you'll learn that even if they win their suit (After a loooong time, sometimes years!) there is usually very little or nothing left of the settlement after the medical bills, attorney, misc. costs are paid.

I will also go so far as to say that the lawyer will probably not do anything that you can't do on your own in small claims court.

That is why I am a strong advocate of small claims court in your case.

Going to small claims court will be cheaper and faster than going through an attorney.

If you decide to file in small claims, your case will probably be heard within a month or two after you file.

Your expenses to file in small claims are usually a filing fee and a process server.

The filing fee is anywhere from $30.00 to $70.00 depending on how much you are suing for.

Include the filing fee and the cost for the process server in your damages, and in the event that you win your case, the defendant will be responsible for reimbursing you for these costs.

And if the judge rules in your favor, you will have collected all of your damages from Dr. Fuck-Up AND all of your court costs.

That money goes to YOU, not to a lawyer.

And in the end, it didn't cost you shit.

Not even my advice, which has not only been invaluable, but absolutely free.

I didn't even charge you a retainer.

Therefore, I rest my motherfucking case!

 

[MxAxC-_ATTACK]

hopefully you didnt sign anything at the hospital either..

 

[lipstickandhate]

I'm a criminal attorney so this is not my area of expertise but I will say, as a general rule of thumb, if you want to sue someone hire an attorney. If you're serious about pursuing this, consult one now so he can tell you how to go about doing everything, what you need to establish a cause of action, what you can pursue, etc. Don't fool around with trying to do this yourself, please.

That's just my advice. If I were going to try to sue someone for medical malpractice, I wouldn't do it myself and I'm a lawyer - its not my area of expertise and I wouldn't want to waste time and resources figuring it out. Everyone says lawyers cost too much until you need one b/c you f'd up trying to represent yourself. Don't try to save a buck when you're trying to sue someone. He's not just going to fork over money, believe me.

 

[Dark_Phoenix]

I agree with what lipstickandhate said and...

Just remember to carry some kind of ID that says your medical allergys/conditions. It's really important, in case you're in an accident or unable to speak. I wear a bracelet that lists my bleeding disorder and factor antibodies, also have a watch with the information engraved onto the clasp.

The information on allergies to medicines can be really important, so it's just something to keep in mind (also, they can print cards out with your medical allergies/conditions too).