Is there grounds for a lawsuit for medical negligence?

You only have half the equation for a medical negligence claim: the liability. If you had taken a drug they misprescribed, you would have been harmed.

Since you didn't take them and were not harmed, you do not have the damages (thankfully).

While you are right to be concerned and angry about your medication errors, you probably don't have a case for medical malpractice. Luckily, you suffered no harm. If you don't feel like your concerns were taken seriously by the doctor or hospital, you may want to consider filing a complaint with the Board of Medical Examiners.

Thank you for contacting my firm concerning your mother's possible medical malpractice claim. We caution all potential clients that medical malpractice claims are very difficult to win - few settle and those that are tried are won by the doctor 9 out of 10 times. Those cases which have the best chance for a good outcome for the plaintiff are those where a clear act of negligence, or omission of appropriate care, are clearly apparent in the medical record.

Even if negligence can be established, the decision to pursue a claim is not clear-cut. We estimate that the litigation expenses alone, excluding attorney fees, will run $30,000 to $50,000 for the "average" medical malpractice case - these are costs for which the plaintiff is responsible regardless of the outcome of the claim. Only those cases where there is catastrophic injury requiring significant future medical expenses do the damages warrant the risk of litigating the claim. Since no actual harm was suffered, there is no basis for damages.