Warsaw, IN asked in Personal Injury and Medical Malpractice for Indiana

Q: Is it malpractice if my specialist has not ordered a refill of a medication that is very dangerous to stop cold turkey?

I take pregablin for fibromyalgia. I called for my rheumatologist to send a refill to my pharmacy on Friday, called again Monday & they called back stating he couldn't get it to go through his computer. They offered to 'try again tomorrow'. I called today & the phone nurse said she talked to my rheumatologist's nurse who will remind him to try again & they can call me back "hopefully after lunch". Pregablin is very dangerous to stop suddenly & I am already having adverse reactions such as extreme itching over my entire body, painful neuropathy of my hands & feet as well as moderate to severe anxiety. I'm shocked they have no other way to get the request to Walgreens but for doctor to enter it in his computer.

2 Lawyer Answers
Tim Akpinar
Tim Akpinar
Answered
  • Medical Malpractice Lawyer
  • Little Neck, NY

A: An Indiana attorney could advise best, but your post remains open for two weeks. I'm sorry for your ordeal. Your best option to determine the merits of a potential case would be to reach out to med mal law firms. However, despite the anguish you experienced, if the damages you sustained were largely transient in nature without serious lingering consequences, some law firms could be reluctant to contemplate such a case. That's something a medical professional is qualified to make a judgment on, not an attorney. Also, this is not a matter of prescription error in terms of dosage or medication - it's possible it could turn out to be a technology-related glitch so far as the difficulty encountered in getting the prescription through the computer. But different attorneys could have a different opinion of the matter. You could reach out to other attorneys to ask their opinion. That would be the most reliable way to answer your question in a thorough manner. Good luck

Charles Candiano
Charles Candiano
Answered
  • Chicago, IL
  • Licensed in Indiana

A: I am trying to be candid, not sarcastic. You sustained no harm and therefore your claim is worth nothing. In personal injury litigation, you are compensated for the injury that you sustained. On your facts, you might have sustained injury but you did not sustain injury.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.