Mix up in perscription medication - legal issue?

Do you have a case? Yes...distributing the incorrect medicine could be considered malpractice. However, until you can show actual harm, you will have trouble collecting much of anything - remember the harm can come from not getting the right medicine or from taking the wrong medicine.

http://crazymeds.us/pmwiki/pmwiki.php/Meds/Lamicta...

http://www.drugs.com/tramadol.html

The main problem taking Tramadol is that one of the highest side effects could be seizures;;;;;;

Step 1; Make an appointment with his doctor asap. With the lapse of 3 months, the doctor may need to prescribe something else now or change medicines. While at the doctors office, ask them to give you copies of his medical records.

Step 2; Make an appointment with a lawyer and bring with you all documents.

Do you get all of your husbands prescriptions from the same pharmacy? If so, many of the computers are set up with "alerts" when a drug is prescribed that should not be taken with other drugs, since it could have potential side effects.

good luck

You say you are worried about the long term effects of this situation. If you haven't already, your Dr. should be call number one - and the Dr. should be running tests and telling him/you what to look for re: future problems being that your first priority is his health. And you should consider a second opinion because if the Dr. who prescribed this medication feels at all like they are at risk, they may be motivated to mask the situation.

You are right that you need to talk to an attorney. Only someone with a complete knowledge of the situation, who has read the scripts, Dr. orders, pharmacy instructions,etc. can evaluate and give you a valid answer.

I think you have a case. He was taking a medicine for a serious condition. If there are any health effects because of this, you should talk to a attorney. I saw a Doctor G show where a pharmacy gave a young child medicine that is used for recovering meth addicts and it killed him. Medications aren't to be played with like that.

Document EVERYTHING, names, dates, what was said, and all medications and conditions. Go consult with more than one Attorney and let them know EVERYTHING. Don't leave anything out. See what they suggest you do next. This is not a HIPPA violation, but it is a medication mix up so I don't know if that alone will be enough or if your husband suffered any distress maybe that added to the mix up can give you a strong case. My suggestion is go with your gut, if your gut says leave it alone it was a mistake then leave it alone, but if your gut says take them to court then do it. You have to do whats right for you and your family! Good Luck

You might go to an outside sourced Physician and find out the legal ramifications...But the best resources are Lawyers and you might also contact local and Government resources in your area...State assistance programs.

if the mix up caused no harm nothing you can do. to prove long term adverse effects (if any), you'll need a lawyer and expert medical/pharmaceutical proof, a long drawn out and expensive affair.

Oh--, yeah,. . . . get yourself a very good lawyer. This is a good one. Very bad on their part to make such a mistake.