I'm looking for opinions from anyone, but I'd specifically like Corth to respond to this as well.
Earlier this week I went to an Urgent Care Medical Center to speak with a doctor about increased arm and wrist pain. After signing in, a lady took me to the side and asked a series of questions, including if I was allergic to any medications. I said yes, and that I was allergic to aspirin. I was then sent in to see a nurse, who after talking with me arranged for a prescription for motrin. Later, I went to a pharmacy to have the prescription filled. When I arrived home, without reading any of the paperwork that came with the pills, I took one pill and had what I would call a serious allergic reaction, which caused me to be in agony for over an hour (I'll spare the details). I then read all of the paperwork that came with the pills and saw that motrin / ibuprofen apparently contains aspirin. (BTW, I didn't realize aspirin could be an ingredient, I thought it was a pill by itself.)
My question to you is, who's to blame, and what would you do in this situation? (legally)
I feel as if I'm partially to blame, but I'm also pissed off that I told them I was allergic to aspirin and something that contains aspirin was given to me.
- Mike
Corth / Prescribing wrong medications
well first, be thankful it didn't send you into anaphalctic shock, been there done that, don't wish it on anyone.. secondly, contact the state medical board with a complaint.. not sure if you can sue them.. or what, but i know that (around here) you have to contact the state medical board to report/file the complaint..
and keep all of yer paperwork.. the stuff for the prescription, etc..
to me the next step would be to contact a lawyer for a consult.. but *shrug* :)
P.S. - I know i spell anaph*** wrong, or at least I"m pretty sure i did :P giggle ;)
and keep all of yer paperwork.. the stuff for the prescription, etc..
to me the next step would be to contact a lawyer for a consult.. but *shrug* :)
P.S. - I know i spell anaph*** wrong, or at least I"m pretty sure i did :P giggle ;)
"A true friend unbosoms freely, advises justly, assists readily, adventures boldly, and continues a friend unchangeably." - William Penn
" I"m built for comfort not for speed. " - Carl on Jimmy Neutron.
" I"m built for comfort not for speed. " - Carl on Jimmy Neutron.
Holy crap. That is serious stuff. I'm glad you are ok. I have no idea how I'd react to something like that. I've had a several allergic reactions to meds before (only a couple serious) and I know exactly how horrible they can be, even as a minor thing. Never as a result of a mistake like this though.
Good luck with whatever you decide.
Good luck with whatever you decide.
Shar - Forger Administrator, TorilMUD
Brandobaris : (51) [ would a forgotten realms zombie be interested in brains? ]
Shevarash tells you 'Never gonna give you up, never gonna let you down..... groan'
Brandobaris : (51) [ would a forgotten realms zombie be interested in brains? ]
Shevarash tells you 'Never gonna give you up, never gonna let you down..... groan'
Before you make them aware of your reaction, ask for a copy of your intake sheet. This will later provide the court proof the care provider was negligent. This is picturesque negligence. In a case study I had in the late 90's, a guy was awarded 132k just for having some doctor prescribe a diarrhetic rather than a bismuth subsalicylate type drug. Just getting the dumpy-doos got him quite a bit! Considering the magnitude of an allergy, you're looking at quite a sum.
Speak to a qualified personal injury lawyer in your state.
Despite the fact that I am called an 'ambulance chaser' at least two or three times a week around here, I actually do very little of this type of work. One thing I do know is that the permanency of an injury is an important factor in determining its value. On the other hand, I could imagine that a short period of intense pain coupled with an egregious mistake by a health care provider (who should know better), might have some value nonetheless. But then again, every state has different statutes and case law, so my off the cuff mostly unqualified evaluation means nothing. Hence the first sentence. :)
Oh, and BTW, if I ever become a doctor I am suing you for defamation of character based on the title of this thread! *duck* :)
Corth
Despite the fact that I am called an 'ambulance chaser' at least two or three times a week around here, I actually do very little of this type of work. One thing I do know is that the permanency of an injury is an important factor in determining its value. On the other hand, I could imagine that a short period of intense pain coupled with an egregious mistake by a health care provider (who should know better), might have some value nonetheless. But then again, every state has different statutes and case law, so my off the cuff mostly unqualified evaluation means nothing. Hence the first sentence. :)
Oh, and BTW, if I ever become a doctor I am suing you for defamation of character based on the title of this thread! *duck* :)
Corth
Having said all that, the situation has been handled, so this thread is pretty much at an end. -Kossuth
Goddamned slippery mage.
Goddamned slippery mage.
If you have insurance, be sure to file a grievance with your insurance carrier. Some of them really do look into the issues, and sometimes it can cause the provider to lose their contracts with the carrier.
Gormal tells you 'im a dwarven onion'
Gormal tells you 'always another beer-soaked layer'
Inama ASSOC:: 'though it may suit your fantasies to think so, i don't need oil for anything.'
Haley: Filthy lucre? I wash that lucre every day until it SHINES!
Gormal tells you 'always another beer-soaked layer'
Inama ASSOC:: 'though it may suit your fantasies to think so, i don't need oil for anything.'
Haley: Filthy lucre? I wash that lucre every day until it SHINES!
Man, that sucks. When I was around 13 and had to go to the emergency room, I told them I was allergic to codien. Ten minutes later they came back with tylenol 3. Fortunately I asked what exactly I was taking until they told me. My parents never took me back to that hospital again... For me, the codien would have stopped my heart in a very short period of time -- which is why I was so paranoid.
Fotex group-says 'Behold! penis!'
Kifle puts on his robe and wizard hat.
Thalidyrr tells you 'Yeah, you know, getting it like a jackhammer wears you out.'
Teflor "You can beat a tank with a shovel!!1!1!!one!!1!uno!!"
Kifle puts on his robe and wizard hat.
Thalidyrr tells you 'Yeah, you know, getting it like a jackhammer wears you out.'
Teflor "You can beat a tank with a shovel!!1!1!!one!!1!uno!!"
-
kiryan
- Sojourner
- Posts: 7275
- Joined: Sat Apr 14, 2001 5:01 am
- Location: Los Angeles, CA and Flagstaff, AZ
- Contact:
Negligence is usually worth big money I believe because you get into punitive damages (a fine/judgement meant to change their behavior by being excessively large). Negligence is not making a mistake, its making a really really bad mistake for really really dumb reasons AND/OR repeatedly ignoring a problem that has been pointed out many times.
For example, a major fast food chain was sued by a woman who spilled their "boiling hot" coffee on her. She won like 3-8 million dollars (all the "profit" on a cup of coffee for one day) not for the physical/emotional damage to her but for negligence/punitive damages.
This major fast food chain had supposedly ignored repeated complaints / cautions about their hot coffee and was aware that other people had injured themselves on their coffee. That and I believe they found that there was no reason to have the coffee at like 200 -230 degrees when a temperature of like 150 would've been more than enough.
If the individuals you were dealing with have a history of negligent behaviour then you could very well tap into some sort of punitive damages (unless your suing the state / federal government who are typically legally immune to punitive damages since they are effectively carried out not on the government but on the tax payers).
Vena had a pharmacy/doctor problem over the summer which pissed me off (I wanted to sue/complain but I some how threw away the evidence, prescription bottle). She was given a prescription, we went and tried to fill it at the grocer pharmacy to which it had been called in. Unfortunately they did not stock it and asked me to come back tomorrow at which point I threw a big f*ing fit and told them that would not work. I tried to get it at the other pharmacies in town but they wouldn't even try to fill the prescription for 4 hours they were so "busy"; the original pharmacy filled it about 4 hours later.
So the story gets worse, we used the entire prescription up over a week and I found out that the dosage shouldve been 2-4 teaspoons instead of the 2-4 tablespoons that was written on the bottle. I was pretty stinking pissed at that point, but basically she was just vomiting a lot and overdosing on Tylenol. I really wish I still had that prescription bottle and nothing to do except raise hell.
For example, a major fast food chain was sued by a woman who spilled their "boiling hot" coffee on her. She won like 3-8 million dollars (all the "profit" on a cup of coffee for one day) not for the physical/emotional damage to her but for negligence/punitive damages.
This major fast food chain had supposedly ignored repeated complaints / cautions about their hot coffee and was aware that other people had injured themselves on their coffee. That and I believe they found that there was no reason to have the coffee at like 200 -230 degrees when a temperature of like 150 would've been more than enough.
If the individuals you were dealing with have a history of negligent behaviour then you could very well tap into some sort of punitive damages (unless your suing the state / federal government who are typically legally immune to punitive damages since they are effectively carried out not on the government but on the tax payers).
Vena had a pharmacy/doctor problem over the summer which pissed me off (I wanted to sue/complain but I some how threw away the evidence, prescription bottle). She was given a prescription, we went and tried to fill it at the grocer pharmacy to which it had been called in. Unfortunately they did not stock it and asked me to come back tomorrow at which point I threw a big f*ing fit and told them that would not work. I tried to get it at the other pharmacies in town but they wouldn't even try to fill the prescription for 4 hours they were so "busy"; the original pharmacy filled it about 4 hours later.
So the story gets worse, we used the entire prescription up over a week and I found out that the dosage shouldve been 2-4 teaspoons instead of the 2-4 tablespoons that was written on the bottle. I was pretty stinking pissed at that point, but basically she was just vomiting a lot and overdosing on Tylenol. I really wish I still had that prescription bottle and nothing to do except raise hell.
Return to “General Discussion Archive”
Who is online
Users browsing this forum: No registered users and 35 guests