My son was born at 25 weeks on 10/15/19. He's 4 weeks 1 day old and he's in the NICU. Last week the doctor brought up starting him on a steroid to help his lungs. She needed our permission because the steroid can be harmful. She explained that they would start him on a dose of 0.075 and that would be the biggest and then smaller doses for 10 days. Total he would receive would be 0.89. However, the pharmacy made a mistake and mixed .75 which is 10X the dose and he was given it within few minutes. His sugar levers were over 600 last night and he's beed having high blood pressure due to the high lever of steriod. The doctor said she can't tell us the damage this one high dose caused him. They just don't know. I contacted a lawyer and it seems unless there's damage to be proven right now there's no case?
2 Answers from Attorneys
There's a case, but not anything to be compensated. The law is not punitive in this situation, but compensatory. In other words, you receive a settlement or obtain a judgment based on damages. For example, if a physician's negligence results in someone getting a rash that goes away, then the damages are limited or non-existent. If the same act of negligence results in paralysis, then the damages are significant (pain and suffering, lifetime of costs, etc.). It is not different in an auto accident. If someone runs a red light and another party is bruised from the accident, the case will not be worth pursuing. If, on the other hand, someone ends up paralyzed from the accident, then the damages will be extensive.
I hope that helps paint a better picture. Hope and pray for the best for your child and that, in fact, there will not be any case worth pursuing. If there are complications or ongoing effects, then make a call promptly for a consultation.
Please accept our sincere best wishes for your child's successful prognosis and outcome.
Please call us this morning. (312) 977--9900. Our firm has been in existence nearly forty years and
deals with these type of cases all the time.
There's quite a lot to discuss.
John C. Wunsch PC.