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If the GI doctor prescribed my husbands medicine dosage incorrectly and now has cost him, can we sue?

Chickamauga, GA |

If the GI doctor prescribed my husbands medicine dosage incorrectly and he has lost work and prescription has cost him a good bit of money, and his colitis may not have healed up which could lead to removal of colon. Is there any way we can sue them? The doctor was a assistant to a our main GI who informed us that this assistant was STUDIP fore prescribing the meds the way she did.

Attorney Answers 4


  1. You don't stated a medical malpractice claim because you paid for an unnecessary prescription. Does he have damages to his health? How did it cause him to lose work? If so, you would need an expert medical opinion that it was negligence rising to the level of malpractice. Otherwise, for the claim you actually stated, how much is it worth to sue for the extra money, and probably having to then find a new doctor? You might have the doctor reimburse through samples, or some other informal resolution.


  2. You can always sue; the question is whether you will win. I am not licensed to practice law in Georgia, but unless your husband suffers additional damages (like the removal of his colon), it will probably be difficult to find an attorney to handle your claim on a contingent fee basis. Blame state legislatures across the country for making the successful prosecution of a medical malpractice claim so difficult and expensive. I hope this helps. Take care.

    My discussion with you regarding the question you posted on Avvo does not create an attorney-client relationship, nor is my response to your question to be considered legal advice. While I do my best to provide helpful responses given the factual scenario presented, proper analysis of any matter requires a more in-depth conversation than what is practical on Avvo. If you are a member of the military, or if an immediate family member of yours lost his or her life while fighting for our country, I am proud to offer a 10% discount on my fee.


  3. You have not provided any specifics for this claim so it is difficult to evaluate if there has been malpractice. Obviously, your husbands health is the most important issue, so if you do not have faith in the GI office he has been going to get a second opinion. If the dosage was incorrect and if it lead to additional problems then it may be worth consulting a local medical malpractice attorney who can advise you if it is worth proceeding. Just because one doctor said the other one was stupid does not mean there is a viable claim.


  4. Unless there was a significant injury, the costs of the lawsuit could exceed the recovery, but have a local malpractice lawyer investigate nonetheless.

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