Medical Malpractice Catch 22

[stumblnrose]

I was virtually killed by my doctor and pharmacy in 2007 by giving me twice the dosage and titration rate for a black box medication. I got toxic epidermal necrolysis and 50 percent of my body and mucous tissue burned. Have been in litigation and it turns out the pharmacy failed to keep track of the meds they gave me. There are holes in their bookkeeping over the years but regarding this particular med their books make it look like I missed a weeks worth of medicine but I have never missed a day's meds in thirty years. We have other examples of mistakes in their bookkeeping like charging me $10 for $50 worth of copays. My lawyer seems to be bailing on me at this point, tells me he knows I took those pills but he can't make a case against the pharmacy due to their ineptitude. I have been disabled and lost my home psychologically decimated by this whole travesty. Wondering if anyone has any insight that might help me get something back for my family's suffering.

[MercutioATC]

1. You seem to be making two separate claims here.

...or maybe I'm just misunderstanding.

1) Your doctor wrote an inappropriate prescription (double dosage)...and the pharmacy filled it.

2) The pharmacy's records are in error and show that you missed a week's worth of this medication.


I can certainly see where #1 could cause the specific harm you suffered, but I don't see where #2 shows liability.


...and why would you try to make a case against the pharmacy when it's the doctor who wrote the bad prescription?

[stumblnrose]

3. because

pharmacies are supposed to have a computer override to stop inappropriately written scripts on black boxes. they are both defendants.

[stumblnrose]

5. pharmacy

I am not suing for bad bookkeeping but their bad bookkeeping makes it look like I went without meds for a week. I have never missed meds in thirty yrs.

[uppityperson]

8. seems if you can show their bookkeeping has other errors, it would call

their saying you went a week without meds into question.

I'd say talk with your lawyer or get a new lawyer. Sounds like a real pain, good luck to you

[nutshell2002]

2. I don't know if you have already tried but

what about records from your insurer (I am assuming you had insurance at the time as you mention a copay.) Have you contacted your insurer for a record of all scripts filled?

[stumblnrose]

4. insurer no help

the only thing the insurer and my credit card are not in agreement for the date i bought meds. my copay was over fifty and they only charged me ten. their books are f'ed.

[HelenWheels]

7. Records can be altered

A relative of mine works in administration for a large hospital. I was planning to sue my doctor over a botched hip replacement. She said get the records before they know what you are planning as the records can easily be altered without leaving a trace it was done. As for the lawyers many of them work hand in hand with the doctors. I could find only one lawyer in my area who would take my case as the others all told me they depend on the doctors helping them in cases (such as accidents) they bring before the court.

[cosmik debris]

6. You need a better lawyer. n/t