Oklahoma City, OK asked in Medical Malpractice and Personal Injury for Oklahoma

Q: Is ineffective or wrong medication prescribed considered malpractice or negligence?

I got diagnosed with a serious, difficult to treat eye infection and was referred to a specialist that prescribed medication to treat it. It takes a while for the condition to heal in general but I can tell after a few days that the meds are not helping. Not only that, they were so painful i had to miss work and my eye was starting to swell like i was allergic. I told Dr this, they tell me to continue the meds or I'm going to lose the eye. I oblige and continue the meds. When I went back for a followup the next week my eye is noticeably worse. Worse than when I first came to that office. Dr asks if I'm using another med. I was not and was told to continue the meds for another 10 days then they would consider a transplant. The medication insert says dr should consider alternative medications for the side effects I'm having and/or if no improvement in 10 days. It's been almost 30 and there's visibly no improvement with side effects. Would this be considered malpractice or negligence?

1 Lawyer Answer
Joel Gary Selik
Joel Gary Selik
Answered
  • Medical Malpractice Lawyer
  • Las Vegas, NV

A: It is malpractice. Negligence by health care providers is malpractice. Malpractice is acting below the standard of care.

See a medical specialist right away for your health.

Consult with experienced attorneys. Due to the nature of medical malpractice cases, the extent of your injuries may effect the viability of your case.

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.