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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.

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Attorney answers 4


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.



Well this has been going on for about 4 months now. And just a week ago the doctor informed us that the meds he was put on was not working b/c the other doctor in his office prescribed it wrong. My husband has contacted this doctor office more than once since he had begun this medicine. He had been missing so much work b/c the medicine was not making him feel better. He was having alot of pain and was very sick. His work would send him home atleast once a week if not twice a week due to this. And since his medicine was updated he has felt a little better. Just not fully b/c he just recently changed it. But the doctor admitted it was prescribed wrong and that is why he wasn't getting any better. He didn't have vacation time so this has been money just lost. He has a another colon exam this coming monday that will tell us more about his colon and if it is futher damaged. But I do agree it would be easier to find a new doctor. Its just stressful b/c we had faith in the doctor to do her job. And it didn't happen. And its just bothersom that this has happen and what can happen.


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.

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Thank you for your advice. It has helped alot.


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.



okay thank you.


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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