Q: I was in the ICU recovering from a blood clot and the doctor changed my medication and I had a drug interaction.
It caused a hematoma. I suffered severely and had to be hospitalized longer as a result. Can this be considered malpractice?
A:
In California, medical malpractice occurs when a healthcare provider deviates from the standard of care in the treatment of a patient, resulting in harm to the patient. The standard of care refers to what a reasonably skilled healthcare provider would have done under similar circumstances. A drug interaction leading to a hematoma and extended hospitalization could potentially be considered malpractice if it can be shown that the prescribing doctor failed to adhere to these standards, such as by not properly considering your medical history or the known risks of combining certain medications.
To establish a medical malpractice claim, you must prove that the healthcare provider owed you a duty of care, breached that duty by acting negligently or making an error, and that this breach directly caused your injury and damages. This often requires the testimony of medical experts who can speak to the standard of care and how it was violated in your case.
If you believe you have suffered due to a medication error or drug interaction that should have been anticipated or managed differently, it would be wise to consult with an attorney experienced in medical malpractice. They can review the specifics of your case, advise you on its strength, and guide you through the process of seeking compensation for your injuries and additional hospital expenses.
Tim Akpinar agrees with this answer
A: You may have a case, as it involves a doctor purportedly changing your medication causing in a drug interaction that caused harm to you. More information is needed. Speak with a local attorney handling such cases. [I litigate cases. Anything posted here must not be construed as legal advice, nor as grounds for forming an attorney-client relationship. You should seek an attorney for formal legal advice and representation.]
Tim Akpinar agrees with this answer
A: I'm sorry for your ordeal. The most reliable way to answer your question would probably be to arrange a brief consult with a law firm. If attorneys felt you might have a basis for a case, they could retrieve your records and review with a health care professional. Law firms that handle such cases usually provide free initial consults. Good luck
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