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: 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
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
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.