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The Law & You

The Doctor Gave Me the Wrong Medication. Can I Sue?

The Law & You
June 8, 2018

The Law and You

The Doctor Gave Me the Wrong Medication. Can I Sue?

After a recent surgery, the doctors gave a viewer medication he’s allergic to, even after he informed them. Can the viewer sue? Medical malpractice attorneys Greg Fellerman and Ed Ciarimboli know what to do next.

Dave Kuharchik: We have a medication issue to talk about in this edition of “The Law & You.” Back with us in the virtual law center tonight are attorneys Greg Fellerman and Ed Ciarimboli. Good to see you guys.

Ed Ciarimboli: We’re just getting more and more comfortable every day.

Dave: I know it. Next thing you’ll know we’ll put the dock behind us here and Greg will feel at home in the lake.

Ed: Oh, there you go.

Greg Fellerman: I’ll be jumping off the table.

Dave: He’ll never leave here. All right, here’s our question here tonight and this involves Jack in Nuangola. In this scenario, he says, “After a recent surgery, I was given medication to help with the pain. I told the doctors I was allergic to certain drugs. It turns out I was given one of those drugs. I had to be hospitalized for a week.” Can Jack sue here?

Ed: Jack, the answer here to can you sue is yes. Is it worth a lawsuit being that you were in the hospital for a week? If you are working, you’re going to have a week of lost wages. This may be something you may be able to resolve without having to file a lawsuit. Especially if there was a clear indication in your chart that you had this allergy to this medication. Nowadays, they’re scanning, there really is no excuse to be giving the wrong medication that you’re allergic to. I think, overall, the damages are probably very limited in scope so you might want to work this out without a lawsuit.

Greg: No case. It’s a case but the problem is for us to take a case like that, the cost just doesn’t outweigh the risk. We’re going to be spending time and money on these types of cases and honestly, I think Ed is right, you can resolve it with the hospital or whoever made the mistake. At the end of the day, these are the types of cases that don’t belong in a courtroom because, at the end of the day, they’re not enough to move a jury to understand, to get an adequate recovery for you. So from our perspective, and in most lawyers’ perspectives, they will probably tell you that’s not what we’re looking to do.

Dave: And it’s good to know that in a case like this, you guys would say, “You know what, it’s not worth anyone’s time.”

Greg: Not that he’s a victim of malpractice. But at the end of the day, there’s dollars and cents in these cases and we have to present to a jury. And they want to see good cases. You have to be careful with what you pick.

Dave: All right, if you need legal advice, you can reach the guys. And don’t forget, results matter with attorneys Greg Fellerman and Ed Ciarimboli. We’ll see you next time.

Greg and Ed: Thanks, Dave.

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The Law & You is a nightly feature on channels WBRE-TV 28 and WYOU-TV 22 where the attorneys from Fellerman & Ciarimboli answer legal questions. If you have a question that you want answered by the Law & You attorneys, please submit the form on this page or call the hotline at 1-888-570-HURT.

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