Legal Question in Medical Malpractice in North Carolina

Incorrect compounding of medication led to hospitalization

My wife was the recipient of a

medication that was incorrectly

compounded at 1000 times the

prescription. If we had tried to treat

her flu like symptoms at home, the

doctor said death may have become

a reality. Fortunately we acted and

spent 3 days in the hospital.

Several major tests (CT Scan, Spinal

Tap, etc.) were conducted. The

pharmacist has tested the

medication and admitted their

mistake. We both wish to settle out

of court. What reasonable

compensation should we expect

from this error on the pharmicists

part?


Asked on 6/22/09, 11:06 am

2 Answers from Attorneys

Thomas Lamb Law Offices of Thomas J. Lamb, P.A.

Re: Incorrect compounding of medication led to hospitalization

To start, I'm glad to hear that tragedy was averted in this situation.

There is no "formula", if you will, for computing what compensation should be paid to your wife and you for this pharmacy error, but some of the factors would be: Hospital bills; extent of any past or current pain and suffering; any continuing disabilit; and, any loss of income. Of course, if there is any continuing care or treatment related to this medication error, those costs should be added (or estimated if there is to be a settlement prior to completion).

If this pharmacist / pharmacy has any history of repeated mistakes, your claim may be more "valuable" as the responsible parties might be anxious to keep this instance from becoming publicly known once it is filed as a lawsuit.

If the settling party requests confidentiality (which is likely), you may or may not -- due to tax consequences -- wanted additional compensation paid for that aspect.

Best of luck to you both going forward.

Have a good day.

Tom

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Answered on 6/22/09, 11:23 am
Joseph Estwanik IV The Law Office of Joseph Estwanik IV, PLLC

Re: Incorrect compounding of medication led to hospitalization

Every case has its unique set of factors that will become the eventual formula for calculating damages. But, factors that will be considered will be your actual expenses/bills, pain and suffering, anticipated future medical needs, current and ongoing disability, the pharmacist's history that are directly related to your injury and current circumstances.

I would recommend that you seek advice from an attorney to assist you with this matter.

Good Luck.

Sincerely,

Joseph Estwanik IV

www.EstwanikLAW.com

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Answered on 7/01/09, 7:08 pm


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