Q: On 2 separate occasions I have been prescribed medicine that can kill me and it's well documented in my files

A: In Kentucky, a plaintiff must meet the burden of proof on all four elements of a tort to be successful in a medical malpractice claim. Those four elements are duty of care, breach of standard of care, causation, and damages.

Duty of Care: Show that a healthcare provider had a duty to provide a standard level of care. This is usually established by demonstrating a doctor-patient relationship, which implies the provider owed a duty to act with the same skill and care that other similarly qualified medical professionals would in similar circumstances.

Breach of Standard of Care: Prove that the provider breached this duty by failing to adhere to the accepted standards of medical care. Typically, this involves showing that the provider acted negligently or incompetently, either by their actions or failure to act, and did not meet the standards practiced by others in the field. Expert medical testimony is often necessary to establish what the standard of care should have been and how the provider failed to meet it.

Causation: You must connect the healthcare provider's breach to the harm suffered. This step involves proving that the provider’s negligence directly caused or significantly contributed to the injury or worsened a pre-existing condition. The “but for” test may apply, meaning "but for" the provider’s actions, the injury or harm would not have occurred. Causation is often a difficult element to prove and usually requires expert testimony.

Damages: Finally, you need to demonstrate that the patient suffered actual harm or damages due to the provider’s negligence. This may include physical pain, additional medical bills, lost wages, emotional suffering, disability, and, in wrongful death cases, funeral costs, and loss of companionship.

In the description of facts you stated, it seems that you were prescribed a medication in error, but you did not ingest the medication, or you were prescribed the medication in error and ingested it, but did not die (since you presumably were able to ask this question). Even if you could prove a duty care existed and breach of the standard of care occurred, your potential claim would likely fail as you have not stated how you were directly damaged by the error.

Please be advised that Kentucky has a statute of limitations that exists on such claims. In Kentucky, medical malpractice claims generally must be filed within one year of the date of the injury or the date the injury was discovered or reasonably should have been discovered. I recommend that you speak with an experienced medical malpractice law firm like Stein Whatley Astorino, PLLC to determine if you have a valid claim and your statute of limitations.